SHIV NATH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Brief facts of this case are that petitioner-Shiv Nath joined as Constable in Punjab Police on 04.10.1977 and ultimately rose to become Sub Inspector w.e.f. on 01.4.2010. His retirement was due on 31.01.2014. However, under the policy of the Government, keeping in view the service record, he was granted one year extension in service and his date of retirement became 31.01.2015. It further comes out that an FIR No. 02 dated 03.04.2013 was registered against the petitioner and three others under Sec. 302, 201, 363, 366-A, 120-B, 217, 218 of the Indian Penal Code registered at Police Station Punjab State Crime, SAS Nagar (Mohali) and vide judgement dated 17.05.2014 which has been passed during the extended period of service after retirement, the petitioner was convicted under Sec. 217 and 218 Penal Code and sentenced to maximum imprisonment for two and half years along with fine. Aggrieved by the said order, the petitioner preferred an appeal bearing No. CRA-S-2517-SB-2014 before this Court and vide order dated 29.05.2014 (Annexure P-2), this Court has suspended the sentence of the petitioner. The appeal is lying admitted and is yet to be decided. In the meanwhile, the petitioner retired from service on 31.01.2015 vide DDR No. 21 dated 31.01.2015 (Annexure P-7). It comes out that on account of the conviction, order dated 17.03.2015 (Annexure P-8) has been passed i.e. after the retirement of the petitioner, whereby it is ordered that the petitioner shall not be entitled to pension and other pensionary benefits except GPF and GIS. It is this order which has been impugned by the petitioner on the ground that such order cannot be passed without holding any enquiry under Rule 2.2 (b) and the same is illegal in the eyes of law.

(2.) The State in the reply has not disputed the factual position regarding extension of service as well as date of retirement of the petitioner. The passing of impugned order is also not disputed, rather, it is stated that the amount of GPF and GIS has already been released. The reference has been made to certain punishments awarded to the petitioner during the service.

(3.) The State has taken the stand that the impugned order has been lawfully passed in view of the Rule 2.2 (a) of the Punjab Civil Services Rules, Volume II, Chapter 2.