AJIT SINGH (DECEASED) Vs. ACCOUNTANT GENERAL (A&E), PUNJAB

JUDGEMENT

(1.) Challenge in the present writ petition filed under Articles 226/227 of the Constitution of India is to the order dated 27.02.2017 (Annexure P-3) whereby the provisional pension of the deceased employee had been stopped on account of his conviction by the Trial Court. Resultantly, quashing of the said order is sought alongwith prayer for issuing a writ in the nature of mandamus directing the respondentauthority to release the payment of gratuity and leave encashment. Reliance has been placed upon Rule 2.2 (b) of Punjab Civil Services Rules, Vol.II, Part-1 (for short 'Rules'), apart from the fact that the action was done without issuing any show cause notice.

(2.) The deceased employee was serving as an Assistant SubInspector in the Punjab Police and on account of FIR No.28 dated 18.11.2014 registered under Section 7 & 13 (2) of the Prevention of Corruption Act, 1988, which had been registered against him, his pension case was not sent to the Accountant General for finalization at the time of his retirement on 31.10.2015. Accordingly, provisional pension of Rs.11,440/- was released to him, subject to the final decision of the criminal proceedings, vide order dated 03.12.2015 (Annexure P-1). He was convicted by the Special Judge, Sangrur on 08.12.2016 (Annexure P-2) for demanding illegal gratification of Rs.3,000/- in case FIR No.01 dated 02.01.2014, which was registered under Section 420, 411, 120-B IPC registered at Police Station, Cheema. Resultantly, he was sentenced to undergo 4 years rigorous imprisonment alongwith fine of Rs.5,000/- each under Section 7 and 13 (2) of the Prevention of Corruption Act.

(3.) On account of conviction, respondent No.2 stopped his provisional pension under Rule 2.2 read with Rule 2.5 of the Rules with immediate effect. Resultantly, the present writ petition was filed challenging the said action.