2026:UHC:4412 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/419/2021 With WPSS/1385/2021 Hon’ble Manoj Kumar Tiwari, J 1. Mr. S.K. Mandal, learned counsel for the petitioner. 2. Mr. Rakesh Singh Kunwar, learned Additional C.S.C. for the State of Uttarakhand. 3. Mr. S.C. Bhatt, learned counsel for the respondent-Nagar Palika Parishad Khatima. 4. Since common questions of facts and law are involved in these petitions, therefore, these are being heard and decided together. However, for the sake of brevity and convenience, facts of WPSS No. 419 of 2021, alone are being considered and discussed. 5. Petitioner was a Member of Palika Non-Centralised Services and he served in Nagar Palika Parishad Khatima. She officiated as Executive Officer of the concerned Nagar Palika Parishad for about two years and she retired from service on 31.05.2019, while still holding the charge as Executive Officer. 6. According to petitioner, fifty percent of the amount payable as Gratuity was released to her, however, the remaining amount has been withheld on the ground that some report has been sent to Government alleging that petitioner was responsible for engagement of Paryavaran Mitra in the Nagar Palika 2026:UHC:4412 Parishad, which is contrary to the directives issued by State Government. He submits that decision taken by State Government on the report so submitted is not known. It is further contended that neither any charge-sheet nor any show cause notice was issued to petitioner, which is necessary before making recovery of any amount from retiral dues of a retired employee. Thus, it is contended that respondent be directed to release the remaining amount of Gratuity and other pending dues of petitioner. 7. Learned State Counsel submits that the allegation against the petitioner is that she engaged 166 Paryavaran Mitra without seeking permission from State Government. He further submits that there is another allegation that petitioner released excess payment to Paryavaran Mitra towards wages. 8. Learned counsel for the petitioner, however, submits that petitioner did not engage any Paryavaran Mitra and they were engaged by Mohalla Swachhata Samiti, which fact is reflected from the order dated 06.12.2019 passed in WPSS No. 2679 of 2019. It is further submitted that no appointment letter, alleged to have been issued by the petitioner, has been brought on record, which indicates that all appointments were made by Mohalla Swachhata Samiti and not by petitioner as in-charge Executive Officer. He further submits that allegation that petitioner made excess payment is also incorrect and no material is bought on record to substantiate this allegation. 9. Learned counsel for the Nagar Palika Parishad, however, submits that as Executive Officer, petitioner was at the 2026:UHC:4412 helm of affairs, without her concurrence Mohalla Swachhata Samiti could not have made any appointment. 10. Admittedly, petitioner retired on 31.05.2019; more than seven years have gone by but her Gratuity and other dues have not been cleared. It is nobody’s case that disciplinary enquiry was initiated against the petitioner post her retirement. Regulation 351-A of Civil Service Regulations, permit initiation of disciplinary enquiry in respect of Government Servant within four years of his retirement. Regulation 351-A of Civil Service Regulations reads as under:- “351-A The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in departmental or judicial proceedings to have been guilty of grave mis-conduct, or to have caused, pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement: Provided that- (a) such departmental proceedings, if not instituted while the officer was on duty either before retirement or during re-employment (i) shall not be instituted save with the sanction of the Governor, (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings, and (iii) shall be conducted by such authority and in such place or places as the Governor may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made. (b) judicial proceedings, if not instituted while the officer was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii)(a), and (c) the Public Service Commission, U.P., shall be 2026:UHC:4412 consulted before final orders are passed. Explanation - For the purpose of this article- (a) departmental proceedings shall be deemed to have been instituted when the charges framed against the pensioner are issued to him, or, if the officer has been placed under suspension from an earlier date, on such date; and (i) in the case of criminal proceedings, on the date on which a complaint is made, or a charge-sheet is submitted, to criminal court; and (ii) in the case of civil proceedings, on the date on which the plaint is presented or, as the case may be, an application is made, to a civil court. Note:- As soon as proceedings of the nature referred to in this article are instituted the authority which institutes such proceedings shall without delay intimate the fact to the Audit Officer concerned.” 11. Since disciplinary enquiry was not initiated against the petitioner uptil now, therefore, withholding petitioner’s retiral dues is without any reason or justification. 12. The writ petitions are, accordingly, allowed. Order(s) impugned in the writ petitions are hereby quashed. Respondents are directed to release the remaining amount of Gratuity and other pending dues of the petitioner within four weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J) 02.06.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.03 05:31:38 -07'00'