1 CGHC010163742026 2026:CGHC:39199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3817 of 2026 Ajay Kumar Sharma S/o Late Aalaram Sharma Aged About 63 Years (Retired Deputy Ranger), R/o -28, Spandan -Shriram Residency, Colony Opposite Maharishi -Vidya Mandir Mangla, -Bilaspur District -Bilaspur C.G. ... Petitioner versus 1 - State of Chhattisgarh Through- The Secretary, Forest Department,- Mahandi Bhawan Naya Raipur -District -Raipur C.G. 2 - Principal Chief Conservator of Forests Aranya Bhawan, North Block- Sector -19, Nava Raipur Atal Nagar Raipur -District- Raipur C.G. 3 - Chief Conservator of Forests -Bilaspur -Circle, Bilaspur -District- Bilaspur C.G. 4 - Divisional Forest Officer, Bilaspur -Forest -Division Bilaspur -District- Bilaspur C.G. 5 - Accountant General Chhattisgarh, -Zero Point Baloda Bazar- Road -P.O. Vidhan Sabha, Raipur- District- Raipur C.G. 492005. ... Respondents For Petitioner : Mr. Jitendra Pali, Advocate For State/Respondent Nos. 1 to 4 : Ms. Poorva Tiwari, Pl For Respondent No.5 : Mr. R.K. Gupta, Advocate ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.09 10:57:56 +0530 2 (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 07/09/2026 1. By way of the instant petition, the petitioner has sought a direction towards the respondent authorities to forthwith release all retiral dues of the petitioner including gratuity, leave encashment and GPF along with an interest @ 18% p.a. from the date the amounts became due till actual payment. 2. Learned counsel for the petitioner submits that the petitioner has already retired from service and that, although certain retiral dues have been released during the pendency of the present petition, the remaining dues are still being withheld on the ground of alleged loss in connection with plantation works pertaining to the period prior to his retirement. It is submitted that three show-cause notices, all dated 26.12.2025, have been issued to the petitioner proposing recovery in respect of different plantation works. It is contended that the said notices having been issued after his retirement, the requirements of Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 have to be complied with before any departmental proceeding can be initiated or any recovery can be effected from his retiral dues. 3. Learned State counsel, on the other hand, submits that the withholding of the remaining dues is in connection with the alleged loss arising out of the plantation work and the recovery proposed against the petitioner. It is further submitted that the GPF and GIS amounts have already been released and 90% pension and 90% gratuity are being paid to the petitioner. 3 4. I have heard learned counsel for the parties and perused the documents. 5. On the last date of hearing, learned counsel for the respondents had sought time to obtain instructions as to whether any sanction or approval had been obtained from the competent authority for conducting any departmental inquiry against the petitioner and, if no inquiry had been initiated, as to why the retiral dues were not being disbursed. Today, learned State counsel, on instructions, submits that no such sanction or approval has been obtained from the competent authority till date and no charge-sheet has been issued to the petitioner. 6. It is borne out from the record that the aforesaid three show-cause notices dated 26.12.2025 were issued after the retirement of the petitioner in respect of plantation works pertaining to the period prior to his retirement. The notices seek explanation from the petitioner and propose recovery on account of the alleged loss. 7. The grievance of the petitioner, therefore, has to be examined in the light of Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976. The said Rule regulates the power of the competent authority in respect of pension and also prescribes the conditions subject to which departmental proceedings can be instituted against a Government servant after his retirement. In the present case, the alleged irregularities relate to a period much prior to the retirement of the petitioner. 8. The respondents have admittedly neither obtained the requisite sanction/approval from the competent authority nor instituted any departmental proceeding by issuance of a charge-sheet against the 4 petitioner. In such circumstances, the mere issuance of the show-cause notice dated 26.12.2025 cannot, by itself, furnish a lawful basis for withholding the retiral dues otherwise payable to the petitioner. The pendency of the allegations or the issuance of such show-cause notice cannot be treated as an indefinite embargo upon the payment of the retiral benefits of a retired employee, particularly when the respondents themselves submit that no sanction/approval has been obtained and no charge-sheet has been issued till date. 9. In view of the admitted position that no sanction or approval has been obtained from the competent authority and no departmental proceeding has been instituted by issuance of charge-sheet, the aforesaid show-cause notices, by themselves, cannot constitute a lawful impediment to the release of the retiral dues otherwise payable to the petitioner, having regard to the provisions of Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976. 10. In view of the aforesaid submission and having regard to Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976, the show-cause notice dated 26.12.2025, by itself, cannot come in the way of release of the retiral dues otherwise payable to the petitioner. 11. Accordingly, the respondents are directed to release all the retiral dues payable to the petitioner, which have not already been paid, within a period of 35 days from the date of receipt of a copy of this order. So far as the claim of the petitioner regarding interest on the delayed payment is concerned, the petitioner shall be at liberty to approach the competent 5 authority by filing an appropriate representation, which shall be considered in accordance with law. 12. The writ petition stands allowed to the aforesaid extent. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu