TEJWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner was working as Assistant Superintendent Jail, Amritsar. On 21.11.1994, Bikramjeet Singh, I.G. Jail visited the Central Jail Amritsar, where the petitioner is alleged to have misbehaved with him. On the basis of said misbehaviour, the petitioner was suspended from service on 21.11.1994. An FIR No.174 under Sections 186, 323, 332, 353 and 506 IPC was also registered against him. At the same time, parallel departmental inquiry was also conducted by Shri Dhanna Singh, Superintendent of Police Jails, in which, he was held guilty. Consequently, vide order dated 9.8.1996, Additional Director General of Police dismissed the petitioner from service w.e.f. 10.8.1996. Appeal filed by the petitioner before the State Government was dismissed on 5.6.1997. Petitioner challenged his dismissal from service by way of CWP NO.2089 of 1998 before this Court, which was decided on 13.12.1999. The impugned order of dismissal and the order of appellate authority were set aside and the case was remanded to the department to decide the matter afresh. Consequently, the Inspector General Jails, Punjab, after considering the matter afresh, passed a fresh order on 4.5.2000, vide which, he was awarded punishment of stoppage of two annual promotions along with future effect. Petitioner was reinstated in service and the suspension period from 21.11.1994 to 9.6.1996 was treated as leave. Thereafter, on attaining the age of superannuation, the petitioner retired from service on 30.11.1999. Bad time started for the petitioner when after his retirement, he was convicted by the Additional Chief Judicial Magistrate, Amritsar on 3.4.2006 under Sections 186, 332 and 506 IPC and sentenced to various imprisonments. In appeal, the learned Additional Sessions Judge (Adhoc) Fast Track Court Amritsar vide judgment dated 4.7.2007 upheld the conviction of the petitioner but set aside the sentence and he was released on probation undertaking to maintain peace and be of good behaviour.

(2.) Thereafter, Director General of Police, (Jails), Punjab passed an order endorsed on 27.10.2008 (Annexure P7) under Rule 2(a) of Punjab Civil Services Rules Volume II, vide which, pension was stopped for 4 ? years. Appeal filed by the petitioner against the said order was dismissed by the State Government vide order dated 11.10.2010 (Annexure P8).

(3.) State in the reply, has taken a stand that the order of stoppage of pension for 4 ? years has been passed under Rule 2.2(a) of Punjab Civil Services Rules Volume II, which implies future good conduct as a condition for grant of the pension and which gives a right to the government to withhold or withdraw the pension or part thereof if the pensioner is convicted of a serious crime or guilty of grave misconduct. The other facts regarding previous dismissal of the petitioner from service and reinstatement were not disputed.