JUGRAJ SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner vide this writ petition under Articles 226/227 of the Constitution of India for issuance of writ of mandamus for directing the respondent to release the retiral benefits of the petitioner and for issuance of writ of certiorari for quashing the impugned order dated 16.12.2014 (Annexure P-4) passed by the respondent No. 4 denying to proceed with the pension case of the petitioner.

(2.) Brief facts of this case are that the petitioner while serving as Sub Inspector (ORP Rank) retired on 28.02009. During the service, an FIR No. 103 dated 30.08.2006 under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") was registered at Police Station, Nathana against the petitioner for allegedly planting a false case. As a result of the trial in the said case, the petitioner, along with another police official, was convicted and sentenced under Section 58 of the NDPS, Act and to pay the fine of Rs. 2000/- vide judgment of conviction and order of sentence dated 29.03.2014 passed by the Judge, Special Court (Fast Track Court), Bathinda. The appeal bearing No. CRA-S-2519-SB of 2014 against the said order, was admitted on 29.05.2014 and is still pending before this Court. The petitioner claimed that he is 50% disabled person as per the disability certificate (Annexure P-2) and that his retiral benefits such as leave encashment, gratuity, GPF, pension and commuted value of pension are not being released. The pension case of the petitioner is also not processed.

(3.) The State in the reply has taken the stand that in addition to FIR No. 103 dated 30.08.2006 under Section 58 of the NDPS Act, against which an appeal is pending before this Court, the petitioner is involved in another FIR No. 47 dated 10.08.2003 under Section 420/465/468/471 IPS registered at Police Station, Maur. However, cancellation report in the said case has been submitted. It was further stated that payment of GPF amounting to Rs.5,47,041/- has been released to the petitioner vide bill No. 44 dated 09.04.2009. The payment in respect of leave encashment of the petitioner amounting to Rs.1,96,470/- has also been released to him vide order dated 20.02009. It is also mentioned in the reply that the petitioner is getting basic provisional pension amounting to Rs.4,465/- per month from the department. The gratuity has been withheld as per provisions of Rule 9.14 of the Punjab Civil Services Rules, Volume II which the Government is competent to withhold.