SURJIT SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) Petitioner retired from service on 30.09.2007 as Civil Defence Inspector (Platoon Commander) from Civil Defence Training Institute, Ludhiana after rendering 35 years of service. During his service period, two FIR Nos.37, dated 08.06.1996, registered under Sections 409, 419, 467, 468, 471, 120-B IPC read with Section 13(1)(d) and Section 13(2) 88 of the Prevention of Corruption Act and another Fir No.11, dated 09.02.1996, registered under Sections 420, 467, 471, 120-B IPC read with Section 13(1)(d) and 13(2) Prevention of Corruption Act against some employees of Punjab Home Guards.

(2.) However, the name of the petitioner was never mentioned in the FIR but after a period of three years, the petitioner was involved in the investigation of the said cases and ultimately supplementary charge-sheet in both the cases was filed against the petitioner.

(3.) When the petitioner retired from service, the trial of the said case was pending. He was sanctioned 90% of his total as provisional pension. Ultimately, the petitioner was convicted and sentenced by the trial court in both the cases, vide separate judgments dated 30.03.2013. Since the petitioner was convicted in six challans, three challans in each FIR, therefore, he preferred six appeals, the said appeals were admitted vide order dated 06.05.2013 and lying pending before this Court. His sentence was suspended till the final decision of the appeal.