This Letters Patent Appeal was dismissed. The High Court held that the appellant was not entitled to interest on pension and gratuity because the delay arose from justifiable reasons during pending disciplinary inquiries into serious allegations against him.
No interest awarded; Letters Patent Appeal dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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LPA No. 1415 of 2011
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
LPA No. 1415 of 2011 Date of Decision: January, 19, 2012
Sukhvir Singh Raghav
…Appellant
Versus
State of Haryana and another
..Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
Mr. Vinod S. Bhardwaj, Addl. A.G., Haryana
M.M. KUMAR, J.
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LPA No. 1415 of 2011
the writ petition has been dismissed as having been rendered infructuous.
3,000/- for subsidy on Kucha Mushroom Shed and 5,000/- for subsidy on Pucca Mushroom Shed i.e. 20% of the total subsidy. A three members' committee was constituted on 12.02.2009 to enquire into this complaint which submitted its report on 12.03.2009. After examining the same, a proposal for disciplinary action was sent to competent authority-respondent No.1 on 19.05.2009. The explanation of the appellant was called vide letter dated 20.08.2009 on the direction issued by respondent No.1, which was received on 14.10.2009. It was further intimated to the Government on 25.11.2009 that the appellant was responsible for not maintaining the proper record of applications and sanctions for disbursal of subsidy and causing delay in distributing the cheques of subsidy On 23.02.2010, respondent No.1 raised a query with regard to number of cheques signed by the appellant in January, 2009 and distributed in February, 2009 orLPA No. 1415 of 2011 -3-
thereafter. The information was sent to respondent No.1 on 01.04.2010 and thereafter on 19.08.2010, the State Government intimated that the appellant has caused some pecuniary loss to the State Exchequer then a draft chargesheet was sent for recovery of the loss. However, it was intimated on 28.09.2010 that no loss to the State Exchequer had been caused and request was made to accord the sanction for release of pensionary benefits.
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LPA No. 1415 of 2011
which have been released to him by the Accountant General, Haryana. Accordingly, the pension commutation amounting to 5,61,929/-, gratuity amounting to 5,77,233 and regular pension from the date of his retirement have been released.
| Date | Detail | Amount |
|---|---|---|
| 01/01/2010 | In lieu of leave encashment of 10 months |
` 3,55,220/- |
| 01/01/2010 | In lieu of GIS | ` 21,676/- |
| 02/02/2010 | In lieu of GPF Final Payment | ` 13,12,453/- |
(M.M. KUMAR) JUDGE
(AJAY KUMAR MITTAL) JUDGE
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LPA No. 1415 of 2011 January 19, 2012 Atul
3 issues framed by the court
Whether interest is payable on pension and gratuity when it was delayed due to pending investigation into allegations of misconduct?
Whether the High Court should allow the Letters Patent Appeal which challenges the dismissal of the writ petition?
Whether justifiable reasons exist for the delay in releasing pensionary benefits despite the appellant's retirement?
2 provisions across 2 enactments
Sukhvir Singh Raghav
State of Haryana
M.M. KUMAR
AJAY KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court