CWP-16549 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106+215 Surinder Kumar Bairagi State of Haryana and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) CM Nos. 10317 and 10318 does not want to press both the aforementioned applications. pressed. CWP-16549 1. under Articles 226/227 of the Constitution of India for issuance of in the nature of dated 23.08.2018 (Annexure P co-employee, has been set aside by a co dated 09.1.2025 (Annexure P 16549-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Surinder Kumar Bairagi Versus State of Haryana and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. PS Jammu, Advocate for the Mr. Suneel Ranga, DAG, Haryana. NIDHI GUPTA, J. (ORAL) CM Nos. 10317 and 10318-2026 Learned counsel for the applicant does not want to press both the aforementioned applications. Heard. In view of above, both the applications are 16549-2025 (O&M) The present writ petition has been Articles 226/227 of the Constitution of India for issuance of in the nature of Certiorari for setting aside the impugned charge dated 23.08.2018 (Annexure P-1) as, similar charge employee, namely, Gobinder Singh, ADA has been set aside by a co-ordinate Bench of this Court vide judgment 09.1.2025 (Annexure P-7). IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16549-2025 (O&M) Date of Decision: 03.07.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. PS Jammu, Advocate for the applicant-petitioner. . Suneel Ranga, DAG, Haryana. counsel for the applicant-petitioner submits that he does not want to press both the aforementioned applications. In view of above, both the applications are dismissed as not writ petition has been filed by the petitioner Articles 226/227 of the Constitution of India for issuance of a writ for setting aside the impugned charge-sheet similar charge-sheet issued to the namely, Gobinder Singh, ADA, having similar allegations ordinate Bench of this Court vide judgment petitioner submits that he not petitioner a writ sheet to the having similar allegations ordinate Bench of this Court vide judgment RISHU KATARIA 2026.07.06 10:48 I attest to the accuracy and authenticity of this order/judgment. CWP-16549 2. submitted that the present petition departmental proceedings against the petitioner stands concluded vide Enquiry Report dated CM-8235-2026) the petitioner was exonerated being innocent. 3. that in the meantime, the petitioner had retired on 30.11.2023. However, the respondents have withheld certain retiral benefits of t being Gratuity and 4. that some of the retiral/pensionary benefits/amount released to the petitioner such as ₹14,880+₹23615 interest) Group Insurance Scheme (GIS); (ii) 000176 dated 14.12.2023 towards Leave Encashment for 300 days; (iii) ₹6,64,528/- (iv) Provisional Pension of respondent tabulated form which is taken on record. 5. petitioner was given a personal hearing on 03.06.2026. It is case, any pensionary dues same shall be considered/released, as per law moved by the petitioner. 6. disposed o 16549-2025 (O&M) -2- At the very outset, learned counsel for the submitted that the present petition has been rendered infructuous departmental proceedings against the petitioner stands concluded vide Enquiry Report dated 30.11.2025 (Annexure P 2026) the petitioner was exonerated being innocent. It is further submitted by learned counsel for the petitioner that in the meantime, the petitioner had retired on 30.11.2023. However, the respondents have withheld certain retiral benefits of t being Gratuity and Commutation of Pension. Learned counsel for the State on instructions has informed that some of the retiral/pensionary benefits/amount released to the petitioner such as: (i) 23615 interest) released vide order dated 10.01.2024 Group Insurance Scheme (GIS); (ii) ₹14,52,700 000176 dated 14.12.2023 towards Leave Encashment for 300 days; (iii) - towards General Provident Fund (GPF) on 26.12.2023; and (iv) Provisional Pension of ₹48,750/- on 11.12.2023. respondent-State has handed over in Court the aforesaid details in tabulated form which is taken on record. It is also submitted by learned counsel for the State that the petitioner was given a personal hearing on 03.06.2026. It is case, any pensionary dues/retiral benefits are same shall be considered/released, as per law moved by the petitioner. In view of the above, the instant writ petition stands disposed of, accordingly. learned counsel for the petitioner has has been rendered infructuous as, the departmental proceedings against the petitioner stands concluded; and 30.11.2025 (Annexure P-9, appended with 2026) the petitioner was exonerated being innocent. bmitted by learned counsel for the petitioner that in the meantime, the petitioner had retired on 30.11.2023. However, the respondents have withheld certain retiral benefits of the petitioner Commutation of Pension. or the State on instructions has informed that some of the retiral/pensionary benefits/amount(s) already stands (i) ₹38492/- (Principal Amount vide order dated 10.01.2024 towards 14,52,700/- vide Voucher No. 000176 dated 14.12.2023 towards Leave Encashment for 300 days; (iii) towards General Provident Fund (GPF) on 26.12.2023; and on 11.12.2023. Learned counsel for State has handed over in Court the aforesaid details in It is also submitted by learned counsel for the State that the petitioner was given a personal hearing on 03.06.2026. It is stated that in are payable to the petitioner, the same shall be considered/released, as per law upon a representation he instant writ petition stands petitioner has the 9, appended with bmitted by learned counsel for the petitioner that in the meantime, the petitioner had retired on 30.11.2023. However, he petitioner or the State on instructions has informed (Principal Amount vide Voucher No. 000176 dated 14.12.2023 towards Leave Encashment for 300 days; (iii) towards General Provident Fund (GPF) on 26.12.2023; and Learned counsel for State has handed over in Court the aforesaid details in It is also submitted by learned counsel for the State that the stated that in , the upon a representation he instant writ petition stands RISHU KATARIA 2026.07.06 10:48 I attest to the accuracy and authenticity of this order/judgment. CWP-16549 7. submitted by the petitioner within a period of 02 weeks from today, the same shall be considered and decided by passing a Speaking Order by the concerned within period of 04 months thereafter. 8. 03.07.2026 rishu 16549-2025 (O&M) -3- It is however, made clear that i submitted by the petitioner within a period of 02 weeks from today, the same shall be considered and decided by passing a Speaking Order by the concerned respondent(s)/Competent Authority, within period of 04 months thereafter. Pending application(s), if any, shall also stand disposed of. 2026 Whether speaking/reasoned Whether Reportable t is however, made clear that in case, any representation is submitted by the petitioner within a period of 02 weeks from today, the same shall be considered and decided by passing a Speaking Order by the respondent(s)/Competent Authority, in accordance with law, Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No n case, any representation is submitted by the petitioner within a period of 02 weeks from today, the same shall be considered and decided by passing a Speaking Order by the RISHU KATARIA 2026.07.06 10:48 I attest to the accuracy and authenticity of this order/judgment.