GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The grievance, which is being raised by the petitioner is that regular pension and the commutation of pension alongwith gratuity of the petitioner has been withheld by the respondents keeping in view the FIR No.46 dated 14.03.2012. The prayer of the petitioner is that on the day, when the petitioner retired from service, no charges were framed against him in respect of FIR No.46 dated 14.03.2012.

(2.) As per the averments in the present writ petition, the petitioner retired from the post of Deputy Superintendent of Police on attaining the age of superannuation on 30.04.2012. On the said date, an FIR No.46 dated 14.03.2012, which was registered against the petitioner as well as other police officials in the Police Station Sadar, Jagraon, District Ludhiana was pending. It has been stated that the investigation was carried out in the said FIR, which was registered about 1 - 1/2 years before the retirement of the petitioner and a cancellation report was submitted on 17.12.2013. Despite the said situation, the benefits such as regular pension, benefit of commutation of pension and gratuity were withheld by the respondents on the ground that criminal proceedings are pending against the petitioner. Thereafter, in the year 2015, the cognizance of the said FIR was taken by the competent Court of Law and the petitioner was summoned to face the trial. The grievance of the petitioner is that action of the respondents in withholding the pensionary benefits of the petitioner due to the pendency of FIR No.46 dated 14.03.2012, in which, no charges had been framed against him at the time when he retired on 30.04.2012 is arbitrary and illegal and contrary to the settled principle of law.

(3.) Upon notice of motion, respondents have filed a short reply, in which, it has been stated by the respondents that on the day when the petitioner retired, an FIR No.46 dated 14.03.2012 was pending against petitioner and though, a cancellation report was submitted on 17.12.2013, but the same was not accepted and ultimately, petitioner was asked to face the trial and therefore, once a criminal proceeding is pending against the petitioner in respect of FIR No.46 dated 14.03.2012, the action of the respondents in not releasing the regular pension and withholding the benefit of gratuity as well as commutation of pension is in consonance with the rules governing the service as well as the law in that regard.