- (1.) The short point which requires determination in this writ petition is whether retiral benefits of a civil servant can be withheld merely on the ground of pendency of inquiry or not.
(2.) Jagir Singh Randhawa, Retired General Manager of Punjab Roadways, Muktsar, has filed the present civil writ petition under Article 226 read with Article 227 of the Constitution of India against the State of Punjab (respondent No.l) and the Accountant General (A&E), Punjab (respondent No.2), praying that, directions in the nature of writ of mandamus be issued against the respondents to release retiral benefits of the petitioner in total on his completion, of age of superannuation, i.e. 30.9.1988, along with interest. The petitioner has further prayed for issuance of a writ of certiorari quashing letter dated 16.9,1993 (Annexure P3) along with Inquiry Report (Annexure P4).
(3.) Admittedly, the petitioner retired from service on 30.9.1988 from the post of General Manager, Punjab Roadways, but just 10 days of his retirement, i.e. on 20.9.1988, he was served with a charge-sheet on the allegations that the petitioner was grossly negligent in the discharge of his duty, and being overall incharge of the depot, four buses which were disposed of on different dates, higher model buses were delivered to the Kabaries. Further it was alleged against the petitioner that he gave advance to one Shri Ishwar Dayal, clerk of his office. These allegations were denied by the petitioner by filing separate reply. For our purposes this part of the case of the parties is not necessary as we are more concerned about the legal proposition as earlier set up in the first para of this judgment, as to whether for contemplated departmental action the retiral benefits of a civil servant can be withheld under the law or not.;