Once Departmental enquiry has ended against the employee, there would be no justification for withholding terminal benefits

In Vikar Mustafa Shonthu vs. Union Territory of J&K & Ors. (2026), Justice Sanjay Dhar of Jammu, Kashmir & Ladakh delivered a 9-page long judgement dated June 5, 2026, wherein, he directed that the respondents shall release the terminal benefits of the petitioner along with unpaid salary most expeditiously, preferably within a period of two months from the date a copy of this order is made available to the respondents by the petitioner, failing which, the amount due shall carry interest at the rate of 6% per annum from the date of filing of this petition till its realization. 

The Court observed that even if a departmental enquiry had been conducted against the employee, there would be no justification for withholding terminal benefits once the  proceedings forming the basis of such action had come to an end.

Justice Dhar held that "....the respondents have no justification in withholding the retiral benefits of the petitioner.....”