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2025 DAILYLAW 95500 (PNJ)

RAJNEESH BAHL v. STATE OF HARYANA AND OTHERS

CWP/23954/2023 · 2025-05-05

Vinod S Bhardwaj

body2025

Judgment text

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 257-1 CWP-23954-2023 Date of Decision: 05.05.2025 RAJNEESH BAHL ... Petitioner VERSUS STATE OF HARYANA AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. **** Present: Mr. P.K.S. Phoolka, Advocate for the petitioner. Mr. Rahul Dev, Addl. A.G., Haryana. **** VINOD S. BHARDWAJ, J. (ORAL) Prayer in the present case is for directing the respondents to release the retiral benefits, leave encashment, gratuity and permissible pension to the petitioner upon his retirement from Government Service on 31.07.2023 as Deputy Superintendent (Civil) in the office of Executive Engineer, Provincial Division, Haryana, PW (B&R) Department, Naraingarh. Counsel contends that on superannuation of the petitioner, the retiral benefits were withheld by the respondents on account of pendency of two charge sheets issued under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 for imposition of major penalty for allegedly having caused loss to the State Exchequer. Counsel further contends that the proceedings in both the charge-sheets have already been ordered to be filed and the charge-sheets have been dropped against the petitioner. He further submits that he would be satisfied at this juncture in case the respondents are directed to take an expeditious decision on the entitlement of the petitioners to the retiral benefits. Learned State Counsel has no objection to the same. RAJENDER KUMAR 2025.05.06 23:47 I attest to the accuracy and integrity of this document CWP-23954-2023 -2- Accordingly, in view of the above; with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing that the Competent Authority of the respondents shall take an expeditious decision on the entitlement of the petitioner to the retiral benefits such as leave encashment, gratuity and permissible pension and other consequential financial benefits within a period of three months of the receipt of certified copy of this order. Needless to mention that upon considering the case of the petitioner, if any amount is found due and payable to the petitioner on account of his retiral dues/benefits, the same shall be disbursed in favour of the petitioner within a further period of one month. In the event of non-payment of dues within the abovesaid period, the same shall be released along with interest @ 6% per annum from the date of filing of present petition to be paid to the petitioner and further subject to additional payment of costs of Rs.50,000/- to be deposited with the Poor Patient Welfare Fund (PPWF) of Post Graduate Institute of Medical Education & Research, Chandigarh. The said additional financial liability of accrued interest and costs shall be subject to recovery from the erring official. Petition stands disposed of accordingly. (VINOD S. BHARDWAJ) MAY 05, 2025. JUDGE Rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJENDER KUMAR 2025.05.06 23:47 I attest to the accuracy and integrity of this document