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Judgment
Sabina, J.—This petition has been filed by the petitioner seeking a direction to the respondents to release his leave encashment.
Case of the petitioner, in brief, is that he had joined the service of respondent-bank on 8.12.1972 and had retired as an accountant on 30.4.2011. Petitioner was suspended from duty on 10.11.2008 and was re-instated in service pending inquiry vide letter dated 29.4.2011 (Annexure P-2). Chargesheet was issued to the petitioner on 14.9.2009 and thereafter, supplementary chargesheet was issued on 30.11.2011 (Annexure P-3). Inquiry was still pending against the petitioner. FIR No. 886 dated 12.11.2008 was registered against the petitioner and a peon-cum-chowkidar of the bank under Sections 420/465/467/468/471/201/120-B of the Indian Penal Code, 1860 at Police Station Kotbhai District Bathinda. The said criminal case was still pending against the petitioner.
Learned counsel for the petitioner has submitted that as per the decision of the Full Bench of this Court in Punjab State Civil Supplies Corporation Limited and others vs. Pyare Lal in LPA No. 113 of 2012 decided on 9.11.2012, the benefit of leave encashment cannot be denied to an employee on the ground that departmental inquiry and criminal proceedings were pending against him.
Learned State counsel, on the other hand, has opposed the petition.
None has appeared on behalf of respondent No. 2 despite service.
Petitioner has retired from service on 30.4.2011. Full Bench of this Court in Punjab Civil Supplies case (supra), has held as under:-
We are, therefore, in agreement with the view taken by the Division Bench of this Court in B.S. Gupta''s case (supra) holding that amount of leave encashment is payable to the retiring employee notwithstanding the pendency of the departmental enquiry or criminal proceedings.
Petitioner has retired from service w.e.f. 30.4.2011. Although, departmental proceedings as well as criminal proceedings are pending against him but the petitioner cannot be denied the amount of leave encashment payable to him in view of the decision of the Full Bench of this Court mentioned above.
Accordingly, this petition is allowed. Respondent No. 2 is directed to release the payment of leave encashment to the petitioner within one month from the receipt of the certified copy of the order.