Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.18487 of 2012 Date of Decision:-18.02.2014 Des Raj ......Petitioner.
Versus Punjab State Civil Supplies Corpn.
LTD.& Anr......Respondents.
CORAM:- HON'BLE Mr.JUSTICE JASWANT SINGH Present:- Mr.Amrik Singh, Advocate for the Petitioner.
Ms.Deepali Puri, Advocate for the respondents.
*** JASWANT SINGH, J.(ORAL) Petitioner while working as Inspector Grade-II with respondent-PUNSUP was facing a disciplinary proceedings when he was permitted to retire on superannuation w.e.f.31.5.2006 subject to continuance of the said proceedings.
The prayer in the present petition is for quashing of the impugned orders P-1 & P-5 vide which his retiral benefits were withheld due to the pendencies of the disciplinary proceedings.
At the time of hearing learned Counsel for the respondent states that the admissible amount of EPF had been released.
She further states that the report of the Enquiry Officer is under active consideration of the disciplinary authorities for future couRs.of action.
However, she very fairly concedes that in view of the Full Bench decision of this Court rendered in PUNSUP versus Piare Lal decided on 09.11.2012 the answering PUNSUP is Mahajan Vinay 2014.02.21 10:34 I attest to the accuracy and integrity of this document at Chandigarh liable to release the leave encashment, however, subject to decision of the review petition filed by the PUNSUP.
She further submits that the question of gratuity would be decided once competent authority has taken a decision regarding the imposition of penalty, if any.
In response learned Counsel for the petitioner has very fairly agreed that the decision of the aforesaid Full Bench would also govern the case of the petitioner, with further opportunity to raise all pleas regarding non release of gratuity, if any, at the appropriate stage.
In the light of the aforesaid agreed stand, the present writ petition is disposed of at this stage with a direction to the respondent- authorities to take a final decision at the earliest on the pending disciplinary proceedings as also release the amount of admissible leave encashment subject to the decision of the review petition if any, preferably within a period of two months from today.
( JASWANT SINGH ) JUDGE February 18, 2014 Vinay Mahajan Vinay 2014.02.21 10:34 I attest to the accuracy and integrity of this document at Chandigarh