PREM CHAND DHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present case, the petitioner is challenging order dtd. 11/2/2016 (Annexure P-1) by which 100% pension of the petitioner has been stopped.

(2.) In the writ petition, the petitioner has averred that he joined as a Clerk in the office of District Election Officer, Patiala on 15/5/1965. In the year 1977 he was promoted as Kanungo and thereafter as Naib Tehsildar and Tehsildar (Election) in the year 1993. On attaining the age of superannuation, the petitioner retired from service on 30/4/1999. After the retirement, the petitioner was sanctioned pension, which he had started receiving but his other pensionary benefits such as GPF and leave encashment were not paid for the reason that an FIR No. 29 dtd. 23/5/2001, under Ss. 409, 420 IPC and Sec. 13(1) of thePrevention of Corruption Act, 1988 (in short 'the Act of 1988) was registered against him. The allegations in the FIR were that the petitioner continued to operate the bank account, which was under his charge prior to the retirement and there was an embezzlement of Rs.5,44,844.00. After the trial, the petitioner was convicted on 29/9/2005 and was sentenced to undergo imprisonment for six years with a fine of Rs.5000.00. Further under the Prevention of Corruption Act, 1988 also, the petitioner was convicted and sentenced to undergo imprisonment for six years with a fine of Rs.5,50,000.00.

(3.) It has been alleged that the petitioner has filed an appeal which has been admitted by this Court and the sentence of the petitioner has been suspended. After the conviction, the respondents started proceeding against the petitioner under Rule 2.2 of the Punjab Civil Services Rules, 1970 (Vol- II) by passing appropriate order. After affording an opportunity of hearing to the petitioner, the Chief Electoral Officer-cum-Principal Secretary to Govt. of Punjab, Department of Election passed an order dtd. 11/2/2016 (Annexure P-1) by which 100% pension of the petitioner was stopped. This order has been impugned by the petitioner in the present writ petition.