1 / 4 CGHC010196492026 2026:CGHC:34815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4473 of 2026 Dev Singh Kashyap S/o Late Madhusudan Kashyap, Aged About 63 Years Retired Company Commander CAF, R/o Ward No. 21, Behind Sahu Fabrication Aasha Nagar Police Station Mohan Nagar, Durg, District Durg, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Department of Home, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur , Chhattisgarh 2 - Director General of Police, Office at Police Head Quarters, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh 3 - Additional Director General of Police (CAF), Office At Police Head Quarters Civil Line, District Raipur, Chhattisgarh 4 - Inspector General of Police, Chhattisgarh Arms Force, Police Head Quarter Raipur,district Raipur Chhattisgarh 5 - Commandant, First Battalion Chhattisgarh Arms Force, First Battalion Bhilai, District Durg, Chhattisgarh ... Respondents For Petitioner : Mr. Praveen Dhurandhar, Advocate For State/Respondent : Mr. Suyashdhar Badgaiya, GA (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 07/08/2026 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.08.07 17:35:42 +0530 2 / 4 1. By the present petition, the petitioner is seeking a direction towards the respondent authorities to release the remaining gratuity amount of Rs.1,31,308/- and leave encashment of Rs.7,76,400/-. 2. However, at the very outset, learned counsel for the petitioner would submit that for the present he is pressing the relief with regard to release of the leave encashment amount only. 3. According to the petitioner, he retired from the service on 28/02/2025 on attaining the age of superannuation. The respondent authorities are not releasing the leave encashment amount of Rs.7,76,400/- for which the petitioner is entitled. The same has been withheld on the ground that the preliminary enquiry is pending against the petitioner in respect of an act allegedly committed by him in the year 2022-23. Placing reliance upon the decision rendered by this Court in WPS No.3174 of 2017 decided on 17/08/2017 as also upon Rule 8 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (for short ‘the Leave Rules’), learned counsel would submit that leave encashment can only be withheld in case of dismissal, removal and resignation from service. He would submit that no provision prescribed under the Leave Rules that the leave encashment which stood in the account of an employee can be withheld on the ground of preliminary enquiry. 4. Learned State counsel would submit that the preliminary enquiry has already been concluded and the matter has been referred for further departmental enquiry and hence the amount of leave encashment has rightly been withheld. 3 / 4 5. I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. 6. Leave encashment benefits are ordinarily admissible to an employee unless they are specifically withheld. Moreover, the extent to which it can be withheld are also required to be specifically provided under the Law. 7. For the sake of convenience, Rule 8 of the Leave Rules is quoted below : 8. Effect of dismissal, removal or resignation on leave at credit.- (1) Any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation. (2) Where a Government servant applies for another post under the State Government but outside his parent office or department and if such a plication is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit. (3) A Government servant, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be. (4) A Government servant, who having retired on compensation or invalid pension or gratuity, is re- employed and allowed to count his past service for pension, shall be entitled to count his former service towards leave.” 8. From bare perusal of the aforesaid provision, it appears that the leave encashment can only be withheld in case of dismissal or removal or resignation. In the case at hand, only preliminary enquiry has been 4 / 4 conducted against the petitioner and on this ground leave encashment cannot be withheld. 9. In view of the above, the respondent authorities are directed to release the entire amount of leave encashment to the tune of Rs.7,76,400/- in favour of the petitioner, if there is no other impediment in releasing the same at the earliest preferably within a period of sixty days from the date of receipt of a copy of this order. 10. In the result, the writ petition is allowed to the extent indicated above, leaving the parties to bear their own cost(s). SD/- SD/- (Bibhu Datta Guru) JUDGE ashu