Jammu and Kashmir High Court

Retiral Benefits Cannot Be Withheld Without Formal Departmental Enquiry Or Pending Judicial Proceedings

RAFIQ AHMAD DHOBI vs J AND K CABLE CAR CORPORATION AND ANR.

Jammu and Kashmir High CourtJUDGMENT: May 06, 20261 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was appointed as a Cashier in the respondent Corporation in 1991 and retired as Assistant Manager Finance on 30.11.2022

Source reference: p. 2

Despite obtaining 'No Objection Certificates' (NOCs) from relevant departments and submitting an undertaking, the respondents withheld his terminal benefits, including gratuity and leave salary

Source reference: p. 2-3

The respondents claimed the petitioner failed to maintain records for the Jammu Ropeway Project and failed to produce receipts for documents allegedly handed over to the Vigilance Department

Source reference: p. 3-5

The petitioner previously filed WP(C) No. 2438/2025, where the Court directed the respondents to consider his claim. In compliance, Respondent No. 2 issued an order dated 26.11.2025 rejecting the claim due to "deficiencies" in documentation required for audit closure

Source reference: p. 3-4

The petitioner challenged this rejection, asserting that the documents in question were actually handed over to the Anti-Corruption Bureau (ACB) by another employee, not him

Source reference: p. 3-4
02

Issues

1. Whether the respondents can legally withhold the retiral benefits of an employee in the absence of a departmental enquiry or judicial proceeding

Source reference: p. 6-7

2. Whether the lack of an audit closure or missing documentation justifies the denial of pensionary benefits as a matter of law

Source reference: p. 7
Jammu and Kashmir High Court

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RAFIQ AHMAD DHOBIvsJ AND K CABLE CAR CORPORATION AND ANR.

Jammu and Kashmir High Court · May 06, 2026

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