CWP-5107 v. Punjab State

Judgment

1. The present petition has been fil of the een filed under Article 226/227 of the Constitution tution of India praying for issuance of ce of a writ in the nature of certiorari for quashing ashing the order dated 20.01.2022 ( y the 022 (Annexure P-9) passed by the respondent a dent authorities by which illegal reco n the al recovery has been imposed on the petitioner. Fu er. Further praying for issuance of a e of a writ in the nature of mandamus directing the g the respondents to release the retir itioner e retirement gratuity of the petitioner which has be has been withheld since his date of r te of retirement i.e. 30.04.2020 along with 16% inte % interest on account of delayed paym d payment. PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- -2022 2

Learned counsel for the petition etitioner, inter alia, contends that the at the petitioner ret er retired as Assistant Engineer (A.E. , Grid r (A.E.) from the office of XEN, Grid Maintenance nance Division, Ludhiana, on attainin ion on ttaining the age of superannuation on

30.04.2020, a 020, and that till date his gratuity has atuity ity has not been released. The gratuity of the petitio petitioner was withheld on the groun r was ground that while the petitioner was working as g as Assistant Executive Engineer 09 to gineer (AAE) from 03.02.2009 to

10.01.2013, h 013, he allegedly failed to submit th IWR) mit the Initial Work Register (IWR) for the work work undertaken by him. Learned c at the rned counsel further submits that the petitioner ha er had submitted all requisite details ted by etails regarding the work executed by him and rend d rendered his accounts at the time o rnible time of his transfer, as is discernible from letter etter dated 03.04.2013 (Annexure P intra- xure P-3). A perusal of the intra departmental ental communication bearing Memo learly emo No. 527 (Annexure P-3) clearly indicates tha es that the petitioner had submitted k and mitted all details of his work and accounts, and ts, and that the communication mere oner’s merely records that the petitioner’s accounts we ts were yet to be checked and tha d that, after verification, the exact position wou n would be conveyed. Learned couns counsel further refers to Annexures P-2, P-10, an 10, and P-11 and submits that no emp o employee can be allotted new work unless and un and until he has rendered the account on its ccounts of the previous work upon its completion. E tion. Even in the event of transfer, o ed for sfer, one month’s time is allowed for completion a tion and rendering of accounts, and th o join and the employee is permitted to join the new offic office only upon issuance of a cleara clearance certificate by the concerned Executive E ive Engineer. Reference is further further made to instructions dated

12.06.1997 ( 997 (Annexure P-2), wherein it is s counts it is stipulated that M.A.S. accounts PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- -2022 3 rendered by J ed by Junior Engineers at the time of tr ithin a e of transfer must be cleared within a stipulated pe ted period of six months, failing whic at the g which it shall be presumed that the accounts so r ts so rendered have been cleared. In t d. In the event of any shortage being noticed at a l at a later stage, the responsibility w l who lity would rest upon the official who failed to get t o get the accounts checked and finaliz finalized. Similarly, instructions dated

10.06.1993 ( 993 (Annexure P-10) provide a peri dering a period of one month for rendering accounts for ts for the work executed by the con in the he concerned Junior Engineer in the field, and and mandate the account- st be -rendering certificate must be countersigned rsigned by the concerned XEN with er the within fifteen days, whereafter the official is to l is to be relieved of his duties. Furthe .1994 Further, instructions dated 12.01.1994 (Annexure P ure P-11) stipulate that no other wor Line er work should be assigned to a Line Superintende ntendent, and that upon transfer, ea fer, each Line Superintendent must obtain a clea a clearance certificate from the relie n the e relieving XEN. Admittedly, on the eve of the p the petitioner’s retirement, no discip disciplinary or judicial proceedings were pending ending against him.

3. Per contra, learned counsel for t at the el for the respondents submits that the petitioner re er remained posted as Junior Eng r Engineer/Assistant Engineer from

03.02.2009 to 009 to 10.01.2013 in Grid Constructio a. It is struction Sub-Division, Ludhiana. It is contended th ded that the petitioner was required to Work ired to submit duplicate Initial Work Register (IW er (IWR) prepared by him. The petition ted by petitioner was accordingly directed by the controlli ntrolling authority to produce the n the the duplicate IWR record in the concerned of ned office for the purpose of checkin ever, hecking the measurements; however, till date, the e, the petitioner has failed to produce ich is roduce the duplicate record, which is PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- -2022 4 stated to be l to be lying in his custody. It is furthe further submitted that a total of eight letters were were issued to the petitioner betwee .2021 between 09.02.2021 and 16.12.2021 requiring him ng him to produce the said recor ysical record. Upon conducting physical measurement rement on the basis of the available aterial ilable record, a shortage of material amounting to ting to Rs.23,56,999/- was found and issued and two charge-sheet were issued against the pe the petitioner. On account of the said ity of he said loss to PSPCL, the gratuity of the petitioner oner has been withheld.

4. In rebuttal, learned counsel for t vide el for the petitioner submits that vide order dated 2 ated 21.01.2022 (Annexure P-9), rec 9), recovery has been imposed upon the petitione titioner and he was directed to prov or the o provide duplicate records for the purpose of r e of release of his gratuity after a m the ter a lapse of eight years from the relevant peri t period and more than one year af urther ear after his retirement. It is further submitted tha ted that, even otherwise, the charge-sh er are sheets issued to the petitioner are not sustainab stainable in law, as they were served ion to served post-retirement in relation to alleged even events which had taken place ap ce approximately eight years prior thereto.

5. Having heard the submissions m or the ions made by learned counsel for the parties and a and after perusing the record with th spires ith their able assistance, it transpires that the petit e petitioner retired from service on 3 ritten e on 30.04.2020. As per the written statement fil ent filed by the respondents, the pet time, he petitioner was, for the first time, called upon upon to provide duplicate records vi 21, as rds vide letter dated 09.02.2021, as mentioned in ned in the preliminary objections raise dents. s raised on behalf of the respondents. PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- -2022 5 Further, in vi r, in view of the finance circulars and by the rs and instructions relied upon by the petitioner, it d er, it does not appear believable that a ing to e that any alleged default pertaining to the period fro iod from 03.02.2009 to 10.01.2013 c tected 013 could have remained undetected for such a pro h a prolonged period. As per instructio tructions dated 10.06.1993 (Annexure P-10), the ac the account-rendering certificate is re ed by te is required to be countersigned by the concerne ncerned XEN within a period of 15 actual of 15 days from the date of actual rendering of ng of accounts by the concerned Junio as per Junior Engineer. Additionally, as per instructions tions dated 12.01.1994 (Annexure P EN is xure P-11), the concerned XEN is required to be d to be held responsible for any loss in es laid loss in accordance with the rules laid down under I nder Instruction No. 43 of the Manual anual of Instructions.

6. Moreover, the petitioner cann ted to cannot reasonably be expected to retain duplica duplicate copies of accounts rendered ng on dered at the time of his relieving on

10.01.2013 a 013 after a lapse of nearly eight yea linary ht years. Admittedly, no disciplinary proceedings dings or inquiry were initiated agai to his d against the petitioner prior to his retirement. N ent. Nonetheless, liability to the tun the tune of Rs.23,56,996/- has been fastened upo d upon the petitioner by drawing a If the ing an ex parte conclusion. If the petitioner wa er was to be held responsible for a for any alleged shortage, the same could only h only have been done after affording h rsonal rding him an opportunity of personal hearing. How . However, in the present case, th ase, the alleged shortage has been attributed to ted to the petitioner after eight years o years of the relevant period and even after his retir is retirement. Learned counsel for the ble to or the respondents has been unable to point out any ut any statutory mandate empowering ld the ering the respondents to withhold the PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document CWP-5107- -2022 6 gratuity of th y of the petitioner in the absence of i f any ce of initiation or culmination of any disciplinary p inary proceedings in accordance with l with law.

7. In view of the above, without n the ithout further commenting upon the merits of the of the case, the present petition is disp is disposed of and the impugned order dated 20.01

20.01.2022 (Annexure P-9) is quashed and set aside. The is q respondents s/competent authority are directed of the irected to release the gratuity of the petitioner wi er with interest at the rate of 6% per all be % per annum. Such interest shall be calculated aft ted after two months’ of retirement of ate of ent of the petitioner until the date of actual payme payment. The needful be done within within a period of three months from the date of re receipt of a certified copy of this o f this order.

8. Pending miscellaneous applic stands application(s), if any, also stands ed of. disposed of. January 13 P.C 13, 2026 RAR) (HARPREET SINGH BRAR) JUDGE Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2026.01.16 15:20 I attest to the accuracy and integrity of this document