HARBANS SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) After hearing the learned counsel for the parties, I deem it appropriate to direct that 100% provisional pension be sanctioned to the petitioner in view of 9.14-A read with Rule 9.9 of the Punjab Civil Service Rules Vol.II Part II. The aforementioned rule came up for consideration before a Full Bench of this Court in the case of Dr. Ishar Singh v. State of Punjab and another., 1994 1 SCT 563 and it was observed that once the statutory rule has provided for sanction of 100% provisional pension, there is no reason to wait till the findings of misconduct or findings of conviction in judicial proceedings etc. are reached by the disciplinary authority or by the Courts.

(2.) Learned State counsel has apprised the Court that the petitioner has already been granted 60% of the pension and the rest 40% would be sanctioned in a shortwhile.

(3.) In view of the above, a direction is issued that rest of the 40% of the pension be also released to the petitioner in accordance with Rule 9.14-A read with Rule 9.9 as interpreted by this Court in Dr. Ishar Singh's case . Copy of this order be given dasti on payment of usual charges.