RAJESH BHALLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India seeking writ of certiorari for quashing of order dtd. 29/5/2019 (Annexure P-5) passed by respondent No.2-Director, Local Bodies, Punjab whereby the claim of the petitioner for grant of leave encashment has been rejected on the ground that dismissed employee is not entitled for leave encashment.

(2.) The brief facts leading to the filing of the present petition are that the petitioner was working as J.D., B&R in the Municipal Corporation, Jalandhar when he was booked in case FIR No.17 dtd. 1/4/1999 for the offences under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 and was thereafter convicted under the above Sec. and sentenced to undergo rigorous imprisonment for a period of 04 years vide judgment dtd. 7/3/2002. The said judgment was challenged by the petitioner before this Court by filing appeal bearing No.CRA-S-453-SB-2002 which was dismissed vide judgment dtd. 20/5/2015 by upholding the conviction and sentence awarded by the Trial Court. Even the Special Leave to Appeal (Crl.) No.6767 of 2015 filed by the petitioner against the abovesaid judgment has also been dismissed by the Hon'ble Supreme Court vide order dtd. 28/8/2015.

(3.) Keeping in view the conviction of the petitioner, he was dismissed from service by respondent No.1 vide order dtd. 19/8/2015 and it is the case of the petitioner that he is behind the bars since 10/8/2015, when he surrendered in compliance to the order passed by the Hon'ble Supreme Court and thereafter he was released on interim bail on 15/12/2017 in compliance to the order dtd. 4/12/2017 passed by this Court.