ROSHAN LAL Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The petitioner, who was working on the post of Kanungo with the Haryana State Revenue Department was compulsorily retired from service vide order dated 16.1.2009. He was allowed pension vide P.P.O dated 19.4.2010 @ Rs.8115/- per month. Prior thereto on 11.4.2008 an FIR was registered against him under the provisions of Prevention of Corruption Act, 1988. The petitioner stands convicted by the Trial Court in pursuance to the criminal prosecution initiated against him vide judgement dated 21.8.2010. His appeal against conviction is pending adjudication before this Court.

(2.) The present writ petition has been filed impugning a notice dated 8.8.2012 at Annexure P-5, whereby the petitioner has been directed to supply a copy of any stay order passed by this Court against his conviction so as to take a decision with regard to stoppage of his pension.

(3.) Learned counsel for the petitioner has argued that even though no final order after the issuance of the impugned notice at Annexure P-5 has been passed, yet, the present writ petition be treated as a mercy petition as under the relevant rules, based upon conviction the respondents will stop his pension in due course of time.