- (1.) The instant petition is directed against order dated March 1, 2005 (P-15) passed by respondents with-holding 100% pension, arrears of pension, Rs. 2,25,000/- of Gratuity and Rs. 2,80,000/- of commutation of pension. The aforementioned amount has been with-held on the allegation that there were shortages pertaining to the period of 1998-2000, and 2001 which the petitioner ought to have applied for being written off during his tenure. It is claimed that after his retirement the amount of recovery cannot be written off. It is admitted position that all other retiral benefits have been paid to the petitioner which include GPF, GIS, Leave Encashment, commutation of pension, arrears of pension and about 50% of the amount of gratuity. However, an amount of Rs. 2,25,000/- in respect of gratuity and Rs. 2,80,000/- in respect of commutation of pension has been with-held on the allegation of shortage of oil and missing parts of transformer. It is admitted position that no show cause notice or charge-sheet/disciplinary proceedings have been initiated against the petitioner for making recovery of aforementioned amount before the date of his retirement on February 28, 2003. Even in the impugned order dated March 1, 2005, no such details are available showing that any notice was given.
(2.) Having heard the learned Counsel for the parties, we are of the considered view that the respondents could not have with-held any amount of gratuity payable to the petitioner on account of allegation which have been emanated after the date of his retirement. Such a course is not available to the respondents. In some what similar circumstances, this Court has earlier also in the case of Hans Raj Sharma v. Uttar Haryana Bijli Vitran Nigam Limited and Ors. Civil Writ Petition No. 152 of 2004, decided on October 29, 2004 has allowed the writ petition by following the judgment of Hon'ble the Supreme Court in P.R. Naik v. Union of India . It has been laid down in the aforementioned judgment that issuance of charge-sheet for initiation of departmental enquiry is a since qua no.
(3.) In view of the above, we allow the writ petition and quash the impugned order dated March 1, 2005 (P-15). We further direct the respondents to release the 100% pension, arrears of pension, gratuity and commutation of pension amount to the petitioner within a period of one month from the date of certified copy of this order is presented to the respondents. In case, the needful is not within one month, then the petitioner shall be entitled to interest at the rate of 6% per annum from the date the amount is payable till its actual payment.;