124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-13151-2025 Date of Decision:-26.05.2025 Rajesh Kumar Bansal ...Petitioner Vs. Union Territory of Chandigarh and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Chetan Bansal, Advocate for the petitioner. Mr. Gaurav Mohunta, Advocate, Mr. Pratyush Sood, Advocate and Mr. Karanvir Singh, Advocate for the respondents. **** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release his retiral dues. 2. The petitioner is claiming that he sought voluntary retirement w.e.f. 01.12.2022. At the time of his retirement, no criminal or departmental case was pending against him. The respondent with respect to few missing files constituted a Fact Finding Committee which in its report found that possibility cannot be ruled out whether the files were misplaced before the charge taken over by Rajesh Kumar Bansal (petitioner) from Om Parkash. 3. Mr. Gaurav Mohunta, Advocate concedes that till date, no PRINCE CHAWLA 2025.05.27 09:19 I attest to the accuracy and integrity of this document CWP-13151-2025 -2- charge-sheet has been issued to the petitioner and as per applicable rules in the absence of charge-sheet, retiral dues cannot be withheld, however, he submits that petitioner collected GST but did not deposit with the GST Department, thus, there are all possibilities that GST Department may raise demand against them. 4. On the asking of Court, Mr. Gaurav Mohunta, Advocate submits that it is not clear whether petitioner collected GST in cash or by way of banking channel. 5. The petition stands disposed of with a direction to respondents to find out within one month from today whether GST was collected by petitioner in cash or through banking channel. If it is found that GST was collected in cash, the department-respondent would be free to withhold an amount equal to GST involved till the conclusion of the matter with respect to GST. If it is found that GST was collected through banking channel, the respondent shall be bound to release retiral dues of the petitioner within a period of two months from today. (JAGMOHAN BANSAL) JUDGE 26.05.2025 Prince Chawla Whether Speaking/reasoned: Yes/No Whether Reportable: Yes/No PRINCE CHAWLA 2025.05.27 09:19 I attest to the accuracy and integrity of this document