KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner while serving as General Manager under the Punjab State Transport Department retired on 31.3.2004 upon attaining the age of superannuation. The instant writ petition is directed against the order dated 28.2.2008 (Annexure P-13), whereby his claim seeking regularization of his period of suspension i.e. w.e.f. 21.12.1999 to 6.10.2000 has been dealt with and a view has been taken that a final order cannot be passed till the finalization of criminal cases in respect of F.I.R Nos.61 and 62 of 1999.

(2.) Brief facts leading to the filing of the present writ petition are that the petitioner joined the respondent-department as Inspector on 20.12.1976. He was, thereafter, appointed as Traffic Manager on 24.6.1982. He earned promotion as General Manager on 31.5.1992. Name of the petitioner figured in FIR Nos. 61 and 62 under Sections 409, 467, 468, 471, 473 and 120-B I.P.C along with Section 13(1) read with section 13(2) of the Prevention of Corruption Act, Police Station Vigilance Bureau, Jalandhar.

(3.) Suffice it to notice that apart from the petitioner a number of other officials/conductors were named in the FIR. On account of registration of the FIR, the petitioner was placed under suspension on 21.12.1999. He was reinstated on 6.10.2000. The respondent-department having gone through the investigation report, took a decision not to grant sanction for prosecution against the petitioner. However, on account of a complaint having been submitted to the Vidhan Sabha, Punjab, Sh. D.S. Guru, I.A.S was appointed as Inquiry Officer vide order dated 21.2.2004. The inquiry report was submitted and the findings returned were in favour of the petitioner and it was suggested by the Inquiry Officer not to proceed against the petitioner as also certain others. In the meantime, petitioner retired on 31.3.2004.