J.S.Khehar, J. - (1.) Through the instant writ petition, the petitioner has claimed the release of pensionary benefits as also interest thereon on account of delayed payment of retiral benefits.
(2.) Learned counsel for the petitioner very fairly states that all the retiral benefits have since been released to the petitioner. However, on account of delay in releasing the same, the petitioner should be awarded interest and costs.
(3.) We have considered the aforesaid contention of the learned counsel for the petitioner. In the written statement filed on behalf of respondents, it is averred as under:- "1]. That the petitioner has concealed/misstated the material facts and has not come to this Hon'ble Court with clean hands. As such he is not entitled to the relief claimed for. A charge sheet dated 11.3.2003 was issued to the petitioner under Rule 8 of Punishment and Appeal Rules 1970. The petitioner filed the reply to the charge sheet prior to the filing of the present writ petition. This fact was concealed from this Hon'ble Court. The final payment of General Provident Fund amounting to Rs.78,272/- was released on 26.3.2003 and leave encashment was also released on 29.4.2003 i.e. prior to the filing of the present petition, but the petitioner has concealed this fact also. 2]. That as per rule 9.14 (c) Punjab Civil Services Rules Vol.-II in case enquiry is pending under Rule 8, gratuity can be withheld. The relevant rule is reproduced as under:- "No gratuity shall be paid to the Government employee until the conclusion of the departmental or judicial proceedings and issue of final order thereon.";