HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 47081 of 2014 Court No. - 34 HON'BLE VIKRAM D. CHAUHAN, J. 1. Compliance affidavit filed by learned counsel for respondent nos.2 and 3, is taken on record. 2. Learned counsel for respondent nos.2 and 3 submits that cost of Rs.2000/- has been deposited with the Registrar General of this Court and an endorsement to the aforesaid effect has also been made by the Registry in the order sheet. 3. Heard learned counsel for the petitioner, learned counsel for respondent nos.2 and 3 and learned Standing Counsel for the State. 4. The writ petition is filed with the following prayer: "i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.2.2014 passed by the Executive Engineer opposite party no.3 (contained in Annexure No.6 to this writ petition). ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.2 to pay full pension to the petitioner and also arrears of difference of pension within reasonable period as this Hon'ble Court may specify. iii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.3 to forthwith pay other retirement dues like pension computation, withheld 25% amount of gratuity within some specified period which this Hon'ble Court deem fit and proper." 5. It is submitted by learned counsel for petitioner that petitioner was working on the post of Technical Grade-II and has since retired on 30.11.2010. Earlier the petitioner has approached this Court by means of Versus Counsel for Petitioner(s) : Alok Kumar Rai, S.P. Pandey Counsel for Respondent(s) : Ashutosh Vaish, Ayank Mishra, C.S.C., Pawan Kumar Mishra Chhatrapal Singh .....Petitioner(s) State Of U.P. And 2 Ors .....Respondent(s) Writ-A No.70335 of 2013 wherein this Court on 19.12.2023 has passed the following order: "Heard learned counsel for the petitioner and Sri Ashish Mani Tripathi holding brief of Sri Ayank Misra, learned counsel for respondents No.2 & 3 and Learned Standing Counsel. The petitioner was working as Technical Gr.II in the office of Executive Engineer, Electricity Distribution Divison II, Azmgarh and retired as such on 30.11.2010. According to the learned counsel for the petitioner the petitioner is being paid regular pension, however, the gratuity and amount of commutation of pension have not been paid so far in spite of various reminders. The writ petition is disposed of with the direction to respondent No.3 to consider the claim with regard to the payment of gratuity as also commutation of pension within a period of three months from the date a certified copy of this order along with a fresh representation is produced before it. In case it is found that the petitioner is not entitled for the amount claimed by him , the same shall be communicated to him by passing a reasoned and speaking order within the same period." 5-A. Learned counsel for petitioner submits that in pursuance to above mentioned order, the present impugned order dated 26.2.2014 has been passed whereby partial retiral dues of petitioner to the tune of Rs.1,12,546/- has been retained by respondents. Learned counsel for petitioner submits that the aforesaid retention of retiral dues is primarily based on the fact that the award was passed against respondent nos.2 and 3, against which, First Appeal From order No.1339-D of 2009 has been filed in respect of alleged incident where one Rajendra Singh Patel has died. Learned counsel for petitioner submits that no disciplinary proceedings were held against petitioner and the amount being retained by respondents during pendency of above mentioned First Appeal From Order is not tenable, as there is no disciplinary proceedings against petitioner. Preliminary inquiry was held, which itself cannot be a ground for retaining the retiral dues of petitioner. Learned counsel for petitioner submits that during pendency of writ petition, petitioner has expired and legal heirs have been brought on record by order of this Court dated 3.9.2021. 6. This Court by order dated 19.1.2026 granted time to learned counsel for respondent nos.2 and 3 to obtain instructions whether any disciplinary proceeding was held against petitioner for any loss sustained by the WRIA No. 47081 of 2014 2 employer and the nature of loss, which the employer has sustained. 7. Today, learned counsel for respondent nos.2 and 3, on instructions, submits that no disciplinary proceedings were held against petitioner and only preliminary inquiry was held and on the aforesaid basis, the amount has been retained. 8. On a pointed query being made to learned counsel for respondent nos.2 and 3 as to under which law, the amount has been retained by the respondents when no punishment order has been passed, learned counsel for respondent nos.2 and 3 could not satisfy the Court with regard to provision under which the amount has been retained. Neither any order of the Court has been shown, which directs the retention of aforesaid amount in the pending First Appeal From Order. 9. It has not been disputed by learned counsel for respondent nos.2 and 3 that in the First Appeal From Order, petitioner-employee was not party and therefore, once the petitioner is not party in the compensation proceedings and the employer was party then the employer could not have saddled the employee with the compensation amount unless the disciplinary proceedings are opened and the employee has been given fair opportunity. In the present case, such exercise has not been completed. There is no justification for retaining the amount. 10. In view of aforesaid, the impugned order dated 26.2.2014 passed by Executive Engineer is hereby set aside in respect of retention of amount of Rs.1,12,546/- and the respondents are directed to release the remaining retiral dues of the petitioner-employee to the legal heirs, in accordance with law, within a period of three months from the date of production of certified copy of order. 11. Accordingly, the writ petition is allowed. March 18, 2026 D. Tamang WRIA No. 47081 of 2014 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad