PHOOL SINGH Vs. FINANCIAL COMMISSIONER, HARYANA AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing communication dated 5.9.2003 (Annexure P.9) vide which Financial Commissioner and Principal Secretary to Government conveyed the decision of the government to allow provisional pension to him and to withhold his gratuity during the pendency of criminal proceedings. He has further prayed for issuance of a direction to the respondents to release the monetary benefits including leave encashment payable to him.

(2.) A perusal of the record shows that while he was working as Deputy Superintendent (Revenue) in the office of Sub-Divisional Officer (Civil), Gohana, the petitioner was arraigned as an accused in FIR No. 67 dated 14.4.2001 registered at Police Station, Gohana, for the offences under Sections 379/411/467/468/471/472/473/120-B of the Indian Penal Code. He was arrested on 22.10.2001. After 7 days, he was placed under suspension. He was retired from service w.e.f. 30.4.2003 vide order dated 29.4.2003.

(3.) The petitioner's grievance is that even though a period of more than 8 months has elapsed, the respondents have not paid him full pension and gratuity and other retiral benefits, like commutation of pension, leave encashment etc. and in this manner, he has been deprived of his legal as well as constitutional rights.