[Cites 3, Cited by 0]
Punjab-Haryana High Court
Nar Singh vs State Of Haryana And Others on 10 February, 2026
CWP No. 1744 of 2026 -1-
104 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 1744 of 2026
Date of Decision:10.02.2026
Nar Singh
....Petitioner
vs.
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Arun Gupta, Advocate for
Mr. Parveen Sharma, Advocate
for the petitioner
Ms. Ambika Luthra, Addl. A.G., Haryana
***
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioner through instant petition under Articles 226/227 is
seeking direction to respondents to release his retiral dues.
2. The petitioner joined Haryana Police Force as Assistant Sub-
Inspector on 12.06.1998. He was promoted from time to time. He retired
from the post of Deputy Superintendent of Police (DSP) on 31.10.2024. He
served legal notice dated 03.09.2025 for not releasing his retiral benefits.
Commandant, 1st IRB, Bondsi, Gurugram vide letter dated 19.09.2025
informed him that his financial benefits are linked with District Police,
Sonipat, thus copy of his legal notice was forwarded to Commissioner of
Police, Sonipat. He served legal notice dated 01.10.2025 upon
Commissioner of Police, Sonipat to do the needful.
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3. Reply by way of affidavit dated 09.02.2026 of Sh. Simrandeep
Singh, IPS, Officiating Commissioner of Police, Sonipat on behalf of
respondents No. 1 to 3 is taken on record. Registry is directed to tag the
same at appropriate place.
4. Learned State counsel submits that petitioner was implicated in
FIR No. 187 dated 09.05.2024, under Sections 3(1)(p), 3(1)(q) and 3(1)(r) of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 registered at Police Station City Sonipat. He retired on 31.10.2024,
meaning thereby, he was implicated in aforesaid FIR prior to his retirement.
As per Rule 69 of Haryana Civil Services (Leave) Rules, 2016 (for short
"Leave Rules") and Rule 81 of Haryana Civil Service (Pension) Rules, 2016
(for short "Pension Rules"), the competent authority is empowered to
withhold gratuity, pension and leave encashment during pendency of
criminal or departmental proceedings.
5. Heard the arguments and perused the record.
6. From the perusal of record, it is evident that petitioner retired on
31.10.2024 and FIR was registered on 09.05.2024. As per petitioner, police
report was not filed prior to his retirement. There is nothing on record
disclosing date of initiation of departmental proceedings. In the reply, there
is bald averment that petitioner has been subjected to departmental
proceedings on 25.09.2025.
7. Rule 69 of Leave Rules and Rule 81 of Pension Rules relied
upon by respondent are reproduced as below:-
Rule 69 of Leave Rules
"Withholding of leave encashment.-
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The authority competent to sanction leave may
withhold whole or part of cash equivalent of leave salary
in lieu of unutilized earned leave in the case of a
Government employee who retires from service while
under suspension or against whom disciplinary or
criminal proceedings are pending at the time of
retirement or quitting service, if in the view of such
authority there is a possibility of some money becoming
recoverable from him on the conclusion of the
proceedings against him. On the conclusion of the
proceedings he shall become eligible to the amount so
withheld after adjustment of Government dues, if any. In
cases where disciplinary or criminal proceedings in case
of grave misconduct are likely to result in withholding of
pension in full, no amount of leave encashment shall be
paid untill conclusion of such proceedings."
Rule 81 of Pension Rules
"81. Provisional pension only where proceedings are
pending at the time of retirement.-
(1) (a) In respect of a Government employee
against whom departmental or judicial proceedings are
pending at the time of retirement, the Principal
Accountant General (Accounts & Entitlement), Haryana
shall authorize the provisional pension equal to the
maximum pension which shall have been admissible on
the basis of qualifying service up to the date of retirement
of the Government employee, or if he was under
suspension on the date of retirement, upto the date of
immediately preceding the date on which he was placed
under suspension.
(b) The provisional pension shall be authorised by the
Principal Accountant General (Accounts &
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Entitlement), Haryana during the period
commencing from the date of retirement up to and
including the date on which, after the concluding
of departmental or judicial proceedings. Final
orders are passed by the competent authority.
(c) No gratuity and commuted value of pension shall
be authorised to the Government employee until
the conclusion of the departmental or judicial
proceedings and issue of final orders thereon.
Note.- This provision shall also be applicable
where-
(i) the departmental proceedings under Rule 8
of Haryana Civil Services (Punishment &
Appeal) Rules, 2016 involving any financial
loss to Government are pending at the time
of retirement.
(ii) any complaint against the Government
employee pertaining to his dishonesty is
pending in State Vigilance Bureau, Lok
Ayukat or in any Government Investigation
Agency at the time of retirement.
(2) Payment of provisional pension made under sub-rule
(1) (a) shall be adjusted against final pensionary benefits
sanctioned to such Government employee upon
conclusion of such proceedings but no recovery shall be
made where the pension finally sanctioned is less than the
provisional pension or the pension is reduced or withheld
either permanently or for a specified period.
Note.- Where any complaint against a Government
employee is pending in the office of Lokayukat Haryana
shall be given pensionary benefits after consultation with
the Lokayukat."
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8. As per Rule 69 of Leave Rules, leave encashment may be
withheld if there is possibility of some money becoming recoverable from
the delinquent. In the Punjab Civil Services Rules, it has been specifically
clarified that what would be date of initiation/pendency of departmental or
criminal proceedings, however, learned counsel for the parties, in the instant
case, are unable to point out particular rule prescribing date of initiation of
departmental or criminal proceedings.
9. As per Rule 69 of Leave Rules and 81 of Pension Rules, there
would be order to withhold leave encashment and gratuity, however, there is
no such order on record.
10. In the backdrop, this Court deems it appropriate to direct the
respondents to pass an appropriate order with respect to leave encashment
and gratuity claimed by petitioner. It would be appropriate if order is passed
after granting him opportunity of hearing. The needful shall be done within
three months from today.
11. Disposed of.
(JAGMOHAN BANSAL)
JUDGE
10.02.2026
paramjit
Whether speaking/reasoned: Yes
Whether reportable: Yes
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