CWP-5107- IN TH 211 Shamsher Sin Punjab State CORAM: Present : HARPREET 1. Constitution for quashing respondent a petitioner. Fu directing the which has be with 16% inte 1 -2022 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date her Singh VERSUS State Power Corporation Limited and HON'BLE MR. JUSTICE HA Mr. J.S. Jaidka with Ms. Gar petitioner. Mr. Parminder Singh, Advocate REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance of ashing the order dated 20.01.2022 ( dent authorities by which illegal reco er. Further praying for issuance of a g the respondents to release the retir has been withheld since his date of r % interest on account of delayed paym NJAB AND HARYANA DIGARH CWP-5107-2022 Date of Decision: January 13, 2026 ....Petitioner SUS ed and others ...Responden HARPREET SINGH BRAR s. Garima Arora, Advocates for the ocate for the respondents-PSPCL. een filed under Article 226/227 of the ce of a writ in the nature of certiorari 022 (Annexure P-9) passed by the al recovery has been imposed on the e of a writ in the nature of mandamus e retirement gratuity of the petitioner te of retirement i.e. 30.04.2020 along d payment. 2026 itioner ondents or the of the rari y the n the mus itioner along PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- 2. petitioner ret Maintenance 30.04.2020, a of the petitio working as 10.01.2013, h for the work petitioner ha him and rend from letter departmental indicates tha accounts, and accounts we position wou P-2, P-10, an unless and un completion. E completion a the new offic Executive E 12.06.1997 ( 2 -2022 Learned counsel for the petition er retired as Assistant Engineer (A.E. nance Division, Ludhiana, on attainin 020, and that till date his gratuity has petitioner was withheld on the groun g as Assistant Executive Engineer 013, he allegedly failed to submit th work undertaken by him. Learned c er had submitted all requisite details d rendered his accounts at the time o etter dated 03.04.2013 (Annexure P ental communication bearing Memo es that the petitioner had submitted ts, and that the communication mere ts were yet to be checked and tha n would be conveyed. Learned couns 10, and P-11 and submits that no emp and until he has rendered the account tion. Even in the event of transfer, o tion and rendering of accounts, and th office only upon issuance of a cleara ive Engineer. Reference is further 997 (Annexure P-2), wherein it is s etitioner, inter alia, contends that the r (A.E.) from the office of XEN, Grid ttaining the age of superannuation on ity has not been released. The gratuity ground that while the petitioner was gineer (AAE) from 03.02.2009 to mit the Initial Work Register (IWR) rned counsel further submits that the etails regarding the work executed by time of his transfer, as is discernible xure P-3). A perusal of the intra emo No. 527 (Annexure P-3) clearly mitted all details of his work and merely records that the petitioner’s d that, after verification, the exact counsel further refers to Annexures o employee can be allotted new work ccounts of the previous work upon its sfer, one month’s time is allowed for and the employee is permitted to join clearance certificate by the concerned further made to instructions dated it is stipulated that M.A.S. accounts at the , Grid ion on atuity r was 09 to IWR) at the ted by rnible intra- learly k and oner’s exact xures work on its ed for o join erned dated counts PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- rendered by J stipulated pe accounts so r noticed at a l failed to get t 10.06.1993 ( accounts for field, and countersigned official is to (Annexure P Superintende obtain a clea eve of the p were pending 3. petitioner re 03.02.2009 to contended th Register (IW the controlli concerned of till date, the 3 -2022 ed by Junior Engineers at the time of tr ted period of six months, failing whic ts so rendered have been cleared. In t at a later stage, the responsibility w o get the accounts checked and finaliz 993 (Annexure P-10) provide a peri ts for the work executed by the con and mandate that the account- rsigned by the concerned XEN with l is to be relieved of his duties. Furthe ure P-11) stipulate that no other wor ntendent, and that upon transfer, ea a clearance certificate from the relie the petitioner’s retirement, no discip ending against him. Per contra, learned counsel for t er remained posted as Junior Eng 009 to 10.01.2013 in Grid Constructio ded that the petitioner was required to er (IWR) prepared by him. The petition ntrolling authority to produce the ned office for the purpose of checkin e, the petitioner has failed to produce e of transfer must be cleared within a g which it shall be presumed that the d. In the event of any shortage being lity would rest upon the official who finalized. Similarly, instructions dated a period of one month for rendering he concerned Junior Engineer in the -rendering certificate must be within fifteen days, whereafter the Further, instructions dated 12.01.1994 er work should be assigned to a Line fer, each Line Superintendent must e relieving XEN. Admittedly, on the disciplinary or judicial proceedings el for the respondents submits that the r Engineer/Assistant Engineer from struction Sub-Division, Ludhiana. It is ired to submit duplicate Initial Work petitioner was accordingly directed by the duplicate IWR record in the hecking the measurements; however, roduce the duplicate record, which is ithin a at the being l who dated dering in the st be er the .1994 Line must n the dings at the from a. It is Work ted by n the ever, ich is PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- stated to be l letters were requiring him measurement amounting to against the pe the petitioner 4. order dated 2 the petitione purpose of r relevant peri submitted tha not sustainab alleged even thereto. 5. parties and a that the petit statement fil called upon mentioned in 4 -2022 to be lying in his custody. It is furthe were issued to the petitioner betwee ng him to produce the said recor rement on the basis of the available ting to Rs.23,56,999/- was found and the petitioner. On account of the said oner has been withheld. In rebuttal, learned counsel for ated 21.01.2022 (Annexure P-9), rec titioner and he was directed to prov e of release of his gratuity after a t period and more than one year af ted that, even otherwise, the charge-sh stainable in law, as they were served events which had taken place ap Having heard the submissions m and after perusing the record with th e petitioner retired from service on 3 ent filed by the respondents, the pet upon to provide duplicate records vi ned in the preliminary objections raise further submitted that a total of eight between 09.02.2021 and 16.12.2021 record. Upon conducting physical ilable record, a shortage of material and two charge-sheet were issued he said loss to PSPCL, the gratuity of el for the petitioner submits that vide 9), recovery has been imposed upon o provide duplicate records for the ter a lapse of eight years from the ear after his retirement. It is further sheets issued to the petitioner are served post-retirement in relation to ce approximately eight years prior ions made by learned counsel for the ith their able assistance, it transpires e on 30.04.2020. As per the written he petitioner was, for the first time, rds vide letter dated 09.02.2021, as s raised on behalf of the respondents. eight .2021 ysical aterial issued ity of t vide upon or the m the urther er are ion to prior or the spires ritten time, 21, as dents. PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- Further, in vi petitioner, it d the period fro for such a pro P-10), the ac the concerne rendering of instructions required to be down under I 6. retain duplica 10.01.2013 a proceedings retirement. N fastened upo petitioner wa could only h hearing. How attributed to after his retir point out any 5 -2022 r, in view of the finance circulars and er, it does not appear believable that a iod from 03.02.2009 to 10.01.2013 c h a prolonged period. As per instructio the account-rendering certificate is re ncerned XEN within a period of 15 ng of accounts by the concerned Junio tions dated 12.01.1994 (Annexure P d to be held responsible for any loss in nder Instruction No. 43 of the Manual Moreover, the petitioner cann duplicate copies of accounts rendered 013 after a lapse of nearly eight yea dings or inquiry were initiated agai ent. Nonetheless, liability to the tun d upon the petitioner by drawing a er was to be held responsible for a only have been done after affording h . However, in the present case, th ted to the petitioner after eight years o is retirement. Learned counsel for the ut any statutory mandate empowering rs and instructions relied upon by the e that any alleged default pertaining to 013 could have remained undetected tructions dated 10.06.1993 (Annexure te is required to be countersigned by of 15 days from the date of actual Junior Engineer. Additionally, as per xure P-11), the concerned XEN is loss in accordance with the rules laid anual of Instructions. cannot reasonably be expected to dered at the time of his relieving on ht years. Admittedly, no disciplinary d against the petitioner prior to his the tune of Rs.23,56,996/- has been ing an ex parte conclusion. If the for any alleged shortage, the same rding him an opportunity of personal ase, the alleged shortage has been years of the relevant period and even or the respondents has been unable to ering the respondents to withhold the by the ing to tected exure ed by actual as per EN is es laid ted to ng on linary to his been If the same rsonal been even ble to ld the PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- gratuity of th disciplinary p 7. merits of the dated 20.01 respondents petitioner wi calculated aft actual payme the date of re 8. disposed of. January 13 P.C 6 -2022 y of the petitioner in the absence of i inary proceedings in accordance with l In view of the above, without of the case, the present petition is disp 20.01.2022 (Annexure P-9) is q s/competent authority are directed er with interest at the rate of 6% per ted after two months’ of retirement of payment. The needful be done within receipt of a certified copy of this o Pending miscellaneous applic ed of. 13, 2026 Whether speaking/reasone Whether Reportable. : ce of initiation or culmination of any with law. ithout further commenting upon the is disposed of and the impugned order is quashed and set aside. The irected to release the gratuity of the % per annum. Such interest shall be ent of the petitioner until the date of within a period of three months from f this order. application(s), if any, also stands (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No f any n the order he of the all be ate of from stands RAR) PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document