CWP-4128- IN THE HIGH COURT OF PUNJAB AND HARYANA (114 + 223) Dr. Rajinder Kaur Shiromani Gurudwara Prabandhak Committee CORAM: Present: KULDEEP TIWARI CM-10598- Annexures R record, subject to CWP-4128- 1. direction, upon the respondents No.1 and 2, to release the retiral benefits to the petitioner, including retirement, i.e. 31.12.2021. 2. Rs.16,12,715/ -2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ) Dr. Rajinder Kaur Versus Shiromani Gurudwara Prabandhak Committee HON’BLE MR. JUSTICE KULDEEP TIWARI Ms. Vidhushi Kumar, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab. *** KULDEEP TIWARI, J.(ORAL) -CWP-2026 Application for placing on record the affidavit and Annexures R-2 to R-4, is allowed, as prayed for, and the same are taken on record, subject to just exceptions. Application stands disposed of -2023 Through the instant writ petition, prayer is made for issuance of a upon the respondents No.1 and 2, to release the retiral benefits to the petitioner, including gratuity and leave encashment retirement, i.e. 31.12.2021. During the pendency of the instant writ petition, an amount of Rs.16,12,715/-, vide Cheque bearing No.072231 dated 17.04.2023 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4128-2023 (O&M) Date of Decision : 09.07.2026 …Petitioner Versus Shiromani Gurudwara Prabandhak Committee and others ...Respondent KULDEEP TIWARI , Advocate Mr. Charanpreet Singh, AAG, Punjab. for placing on record the affidavit and 4, is allowed, as prayed for, and the same are taken on disposed of accordingly. Through the instant writ petition, prayer is made for issuance of a upon the respondents No.1 and 2, to release the retiral benefits to the gratuity and leave encashment, from the date of her During the pendency of the instant writ petition, an amount of , vide Cheque bearing No.072231 dated 17.04.2023, has ...Respondents for placing on record the affidavit and 4, is allowed, as prayed for, and the same are taken on Through the instant writ petition, prayer is made for issuance of a upon the respondents No.1 and 2, to release the retiral benefits to the the date of her During the pendency of the instant writ petition, an amount of , has MANPREET SINGH 2026.07.15 10:22 I attest to the accuracy and authenticity of this order/judgment CWP-4128- already been paid to the petitioner, and this fact has interim order dated 25.04.2023, passed by Coordinate Bench of this Court Now, the only Rs.1,95,000/ 3. not been served with any show cause notice, or chargesheet indiscipline or misconduct, respondent/Management, draws the attention of this Court towards (Annexure P respondent/Management concerned, and submits that as per the said audit report, an explanation is with regard audit report (supra), extracted hereinafter : 4. audit report, further elaborated at the best, it would be against one Gurpal Singh, Accountant, and the petitioner cannot be held liable for the same. Finally, she submits that since there is a delay of one and half year, in payment of retiral dues petitioner, therefore, amount. -2023 (O&M) been paid to the petitioner, and this fact has interim order dated 25.04.2023, passed by Coordinate Bench of this Court only grievance which is left, is the 1,95,000/-, on account of ongoing inquiry against the petitioner. Learned counsel for the petitioner submits that the petitioner has not been served with any show cause notice, or chargesheet indiscipline or misconduct, therefore, there are no respondent/Management, to withhold an amount of Rs.1,9 draws the attention of this Court towards (Annexure P-17), conducted by the Chartered Accountant respondent/Management concerned, and submits that as per the said audit report, an explanation is to be sought from one Gurpal Singh, Accountant with regard to deficit of cash amounting to Rs.3,90,000/ audit report (supra), extracted hereinafter :- “iv) It has been observed that Sh. Gupral Singh, Accountant has not entered the fees 2013 from no.1 to 84 in the cash book. It has been recorded in the book on 27/08/2013 against which he has not provided ay explanation on account of deficit in cash Rs.3,90,000/-. Therefore, the same has been shown in the name of Sh. Gurpal Singh, Accountant. Learned counsel for the petitioner, audit report, further elaborated her argument at the best, it would be against one Gurpal Singh, Accountant, and the petitioner cannot be held liable for the same. Finally, she submits that since there is a delay of one and half year, in payment of retiral dues , therefore, she is also entitled for the interest 2 been paid to the petitioner, and this fact has also been recorded i interim order dated 25.04.2023, passed by Coordinate Bench of this Court , is the withholding of an amount of , on account of ongoing inquiry against the petitioner. petitioner submits that the petitioner has not been served with any show cause notice, or chargesheet, on account of any therefore, there are no reasons, whatsoever, for the amount of Rs.1,95,000/-. She further draws the attention of this Court towards an audit report dated 26.12.2014 , conducted by the Chartered Accountants of the respondent/Management concerned, and submits that as per the said audit to be sought from one Gurpal Singh, Accountant to deficit of cash amounting to Rs.3,90,000/-. The relevant of “iv) It has been observed that Sh. Gupral Singh, Accountant has not entered the fees receipt dated Jul 09 2013 from no.1 to 84 in the cash book. It has been recorded in the book on 27/08/2013 against which he has not provided ay explanation on account of deficit in cash . Therefore, the same has been shown in the urpal Singh, Accountant.” Learned counsel for the petitioner, while referring to the above her argument that in case, any deficit is found, at the best, it would be against one Gurpal Singh, Accountant, and therefore, the petitioner cannot be held liable for the same. Finally, she submits that since there is a delay of one and half year, in payment of retiral dues to the is also entitled for the interest on the said withheld also been recorded in interim order dated 25.04.2023, passed by Coordinate Bench of this Court. of an amount of petitioner submits that the petitioner has any for the She further dated 26.12.2014 of the respondent/Management concerned, and submits that as per the said audit to be sought from one Gurpal Singh, Accountant, . The relevant of “iv) It has been observed that Sh. Gupral Singh, receipt dated Jul 09- 2013 from no.1 to 84 in the cash book. It has been recorded in the book on 27/08/2013 against which he has not provided ay explanation on account of deficit in cash . Therefore, the same has been shown in the referring to the above in case, any deficit is found, therefore, the petitioner cannot be held liable for the same. Finally, she submits that to the on the said withheld MANPREET SINGH 2026.07.15 10:22 I attest to the accuracy and authenticity of this order/judgment CWP-4128- 5. respondent/Management, fairly or chargesheet, has been issued against the petitioner. that so far as the delay is concerned, that is only on account o initiated by the petitioner against the respondent/Management no deliberate intent on the part withholding the retiral dues of the petitioner. 6. 7. counsel for the parties concerned 8. proceedings, or show cause notice has been serv giving any plausible reasons for the respondent/Management, to withhold an amount of Rs.1,95,000/ petitioner. Therefore, this Court is of the considered opinion that is required to be passed upon the respondents/Management, to forthwith, release the amount of Rs.1,95,000/ 9. remedy to first approach the delayed the respondent/Management concerned, at first instance, by filing a representation. 10. respondent/Management, within a period of 30 days, from the date of receipt of certified copy of this order, the latter hearing to the petitioner, shall -2023 (O&M) On the other hand, learned counsel for the respondent/Management, fairly concedes that till date, no show cause notice, or chargesheet, has been issued against the petitioner. that so far as the delay is concerned, that is only on account o initiated by the petitioner against the respondent/Management no deliberate intent on the part of the respondent/Management, for withholding the retiral dues of the petitioner. No other argument was raised before this This Court has heard the rival submissions made by learned counsel for the parties concerned, and has perused the entire case file Perusal of the file reveals that till date, no disciplinary proceedings, or show cause notice has been serv giving any plausible reasons for the respondent/Management, to withhold an amount of Rs.1,95,000/-, which is admittedly the pensionary benefits of the petitioner. Therefore, this Court is of the considered opinion that is required to be passed upon the respondents/Management, to forthwith, release the amount of Rs.1,95,000/-, in favour of the petitioner. So far as the interest on the said amount remedy to first approach the authorities concerned, for release of interest on the delayed payment. Therefore, the petitioner is granted liberty, to approach the respondent/Management concerned, at first instance, by filing a representation. In case, the petitioner file a representation with respondent/Management, within a period of 30 days, from the date of receipt of certified copy of this order, the latter after affording hearing to the petitioner, shall decide the representation by 3 he other hand, learned counsel for the that till date, no show cause notice, or chargesheet, has been issued against the petitioner. However, he submits that so far as the delay is concerned, that is only on account of the litigation initiated by the petitioner against the respondent/Management, and there was of the respondent/Management, for withholding the retiral dues of the petitioner. raised before this Court. This Court has heard the rival submissions made by learned , and has perused the entire case file. file reveals that till date, no disciplinary proceedings, or show cause notice has been served to the petitioner, thereby, giving any plausible reasons for the respondent/Management, to withhold an , which is admittedly the pensionary benefits of the petitioner. Therefore, this Court is of the considered opinion that a mandamus is required to be passed upon the respondents/Management, to forthwith, , in favour of the petitioner. said amount is concerned, she has oncerned, for release of interest on he petitioner is granted liberty, to approach the respondent/Management concerned, at first instance, by filing a In case, the petitioner file a representation with the respondent/Management, within a period of 30 days, from the date of receipt after affording a due opportunity of decide the representation by passing a speaking he other hand, learned counsel for the that till date, no show cause notice, However, he submits f the litigation , and there was of the respondent/Management, for This Court has heard the rival submissions made by learned file reveals that till date, no disciplinary ed to the petitioner, thereby, giving any plausible reasons for the respondent/Management, to withhold an , which is admittedly the pensionary benefits of the amus is required to be passed upon the respondents/Management, to forthwith, she has a oncerned, for release of interest on he petitioner is granted liberty, to approach the respondent/Management concerned, at first instance, by filing a the respondent/Management, within a period of 30 days, from the date of receipt due opportunity of a speaking MANPREET SINGH 2026.07.15 10:22 I attest to the accuracy and authenticity of this order/judgment CWP-4128- order, within 11. respondent/Management, would be at liberty to get the instant application. 12. petition is disposed of July 09, 2026 Manpreet -2023 (O&M) order, within a period of four weeks, thereafter. Needless to say, in case, any delay on the part of the respondent/Management, occurs in releasing the dues to at liberty to get the instant writ petition revived, by moving Consequently, with the aforesaid directions, the instant writ disposed of. 2026 Whether speaking/reasoned Whether reportable 4 a period of four weeks, thereafter. Needless to say, in case, any delay on the part of the in releasing the dues to the petitioner, she petition revived, by moving an apt Consequently, with the aforesaid directions, the instant writ (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No Needless to say, in case, any delay on the part of the , she apt Consequently, with the aforesaid directions, the instant writ MANPREET SINGH 2026.07.15 10:22 I attest to the accuracy and authenticity of this order/judgment