HIRA LAL OHRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who retired as a Superintendent from the Department of Industries on August 31,1987, prays for the issue of a writ in the nature of Mandamus directing the respondents to release his pension and gratuity with interest. The respondents contest the petitioner's claim primarily on the ground that criminal proceedings arising out of an F.I.R. 559 of 1980 under Sections 420, 467, 468, 471 read with Section 120 -B of the Indian Penal Code are pending against him in the Court of Judicial Magistrate 1st Class, Chandigarh.

(2.) SO far as the claim for the release of pension is concerned, Mr. D.S. Dhillon, learned counsel for the respondents, states that in view of the decision of the Full Bench of this Court in Dr. Ishar Singh v. State of Punjab, 1994(3) R.S.J. 543 and in view of the provisions of the rules, the petitioner is, in fact, being paid full pension provisionally. Accordingly, this part of the relief as claimed by the petitioner is rendered infructuous. However, so far as the release of gratuity is concerned, it is contended that in view of the provisions of Rule 9.14(c), the petitioner is not entitled to the relief prayed for by him.

(3.) THE questions that arise for consideration are (i) Are criminal proceedings not judicial proceedings ?(ii) Is the petitioner entitled to the release of gratuity in spite of the pendency of the proceedings against him?