1 2026:HHC:35803 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4571/2023 a/w CWPOA No. 2425/2020 Decided on: 24.08.2026 1. CWP No.4571/2023 Khem Singh …..Petitioner Versus Himachal Road Transport Corporation and others ..Respondents 2. CWPOA no.2425/2020 Khem Singh …..Petitioner Versus Himachal Road Transport Corporation and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner(s): Mr.Rakesh Kumar Dogra, Advocate in both the matters. For the Respondents: Mr. Raman Jamalta, Advocate, in both the matters ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge CWP No.4571/2023 Petitioner is a retired employee of the respondent-Transport Corporation. He has filed the instant writ petition seeking the following substantive reliefs:- 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:35803 (i) That a writ in the nature of mandamus may also be issued, directing the respondents to release arrear on account of benefit of 4-9-14 years’ of service and grant the annual increment, which fallen due on 01.11.2021 and the arrears to this effect be released to the petitioner, accordingly and consequently, the pay of the petitioner be re-fixed in the revised pay scales and subsequently, pension, DCRG and leave encashment be also revised alongwith all consequential benefits and justice be done. (ii). That a writ in the nature of mandamus may kindly be issued, directing the respondents to release the arrear of revised pay w.e.f 01.01.2016 to 31.12.2021, pension arrear w.e.f. 01.01.2022 to 28.02.2023, DCRG amount ot the tune of ₹7,76,904/- leave encashment against unavailed earned leave of 300 days, amount due against 121 days of compensatory leave alongwith admissible interest on delayed payments of retiral benefits and justice be done.” 2. Since the reliefs sought merely relate to the release of service/retiral benefits, learned counsel for the respondents has placed on record office letter dated 22.11.2025 detailing upto date position of release of service/ retiral benefits to the petitioner. The tabulated details given therein are extracted hereinafter:- “Kindly refer to Head office Memo No.HO:9E- HRD-CWP No.4571/2023 dated 11.11.2025, on the subject cited above. In this connection, I am to give hereunder detail of undisputed dues payable of Sh. Khem singh, PPA (Retd.). 3 2026:HHC:35803 Name of Head Amount Payable amount Remarks DCRG 577970 234417 Recovery pointed out by AG Audit regarding pilferage of HSD recovered from DCRG ₹577070- 343553= 234417/- DCRG paid vide Ch. No.207020 dated 01.11.2025 amounting ₹234417/- L/ Encashment Nil Nil Due to Audit para L/encashment disputed Revised DCRG 98934 Not paid Shall be paid in such manner as may be decided by the Govt. In future Revised Pay arrear w.e.f. 01.01.2016 to 31.12.2021 542850 (approx) Not paid Shall be paid in such manner as may be decided by the Govt. In future Pension Arrear Will be provided by the Head Officer 4-9-14 25699 Paid vide Ch.No.212566 dated 18.11.2025 by DDM Kullu unit. This is for favour of kind information and further necessary action please.” 3. Learned counsel for the petitioner submits that no dispute survives qua release of pension and 4-9-14 arrears due to the petitioner as the said benefits now 4 2026:HHC:35803 stand released to the petitioner. It was further submitted that regarding revised Death-cum-Retirement Gratuity (DCRG) and also revised pay arrears w.e.f. 01.01.2016 to 31.05.2021, the petitioner be reserved liberty to seek appropriate remedy in accordance with law at an appropriate stage as none of the employees of respondent-Corporation have been released these benefits as on date and release of the same in terms of tabulated details by the respondents would be governed by the instructions of the State Government. Ordered accordingly. Such liberty as prayed for, is granted to the petitioner. The petitioner also seeks liberty to separately challenge the decision of respondents in not granting him leave encashment on account of certain disputes. This liberty is also reserved to the petitioner. Ordered accordingly. Insofar as the petitioner’s grievance qua balance amount of ₹3,43,553/- towards Death-cum- Retirement Gratuity is concerned, learned counsel for the respondents- Transport Corporation apprises that the aforesaid amount has been deducted from payable dues 5 2026:HHC:35803 of the petitioner on account of penalty imposed upon him. It was jointly submitted by learned counsel for the parties that in terms of Khem Singh versus H.R.T.C & Ors.,2 the respondents have been directed to pass fresh order re-visiting the penalty imposed upon the petitioner. Therefore, release of balance amount of Death-cum- Retirement Gratuity, shall also abide by the order to be passed by the respondents pursuant to Khem Singh2. Ordered accordingly. Petitioner shall be at liberty to avail appropriate remedy in accordance with law for redressal of his surviving grievance concerning balance amount of DCRG withheld by the respondents. 4. This writ petition to stand disposed of in terms of above observations. Pending miscellaneous application(s), if any, shall also stand disposed of. 5. CWPOA No.2425/2020 Petitioner has prayed for grant of following substantive reliefs:- “(i) That the impugned punishment order dated 01.10.2016 and subsequent order dated 31.05.2017 issued by the respondent Nos. 3 & 2 as contained in Annexure A-1 and Annexure A-2 respectively may kindly be quashed and set- aside being wholly unjustified, arbitrary, illegal, 2CWP No.2049/2022, decided on 30.07.2026. 6 2026:HHC:35803 discriminatory, unwarranted and against the principles of natural justice besides constitutional provisions of law. (ii). The respondents may kindly be further directed to refund the entire amount, which has already been recovered from the salary of the applicant, alongwith interest @9% per annum.” Notice of this writ petition was waived by the respondents on 19.07.2017. Reply has not been filed by the respondents till date. Heard and considered the case file. A memorandum was issued on 23.04.2016 to the petitioner under Rule 16 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965. The petitioner filed his reply on 23.07.2016. This was followed by office order passed on 01.10.2016 whereby respondent No.3 imposed a penalty of recovery of ₹3,63,428/- upon the petitioner. Petitioner preferred an appeal against the aforesaid order on 30.10.2016, raising several grounds against the penalty order. The appeal was dismissed on 31.05.2017 by respondent No.2. Hence, the grievance. Pursuant to interim order dated 17.08.2017, recovery proceedings have been stayed. A perusal of impugned office order dated 31.05.2017 passed by respondent No.2 dismissing the 7 2026:HHC:35803 petitioner’s appeal makes it evident that grounds raised by the petitioner in his appeal were not at all examined. The appeal was rejected mechanically. The only fact noticed by respondent No.2 was the pilferage/ shortage of HSD stock pointed during audit inspection of Kullu Unit. Merely on the basis of the audit report, it was concluded that petitioner had pilferaged the corporation revenue of ₹3,63,428/- due to shortage of HSD stock. Being the appellate authority, it was incumbent upon respondent No.2 to apply independent mind and consider & examine the grounds urged by the petitioner in his appeal. Respondent No.2 failed to do so, hence, there has been a breach of principles of natural justice. Accordingly, the impugned order dated 31.05.2017 is quashed and set-aside. Respondent No.2 is directed to consider the appeal preferred by the petitioner against the order dated 01.10.2016 passed by the Disciplinary Authority afresh, in accordance with law. This exercise be now undertaken within a period of six weeks. A copy of the order so passed be communicated to the petitioner. This writ petition is accordingly disposed of. 8 2026:HHC:35803 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua August 24, 2026 Judge yogesh