RATTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioners is that they have not been granted the benefit of commutation of pension and their gratuity has not been released though they have already retired from service in June 2008, January, 2010 and March, 2013 respectively.

(2.) In the present writ petition, petitioners have stated that there is nothing against them except one criminal case, which was registered against them vide FIR No. 13 of 2008 under Sections 342, 218, 120-B IPC which is pending in CBI Court at Panchkula. As per the petitioners, no charges were framed against them and hence they pray that withholding of their gratuity as well as not allowing them the benefit of commutation of pension by the respondents is illegal and a direction is sought by the petitioners to the respondents for releasing the gratuity and also extending them the benefit of commutation of pension.

(3.) Upon notice of motion, reply has been filed by the respondents. In the reply, respondents have stated that one Vinod Kumar was kept in illegal custody by the petitioners where he died. Thereafter, this Court vide order dated 21.08.2008 in CRM No. M-38572 of 2005 titled as Surender Vs. State of Haryana and others, directed CBI to register the case and investigate the matter and in compliance of the order passed by this Court, C.B.I. has registered a case No. RC-13/57/2008/SCB/Chd. under Sections 302/34 of the IPC, which is still pending adjudication in C.B.I. Court, Panchkula. The stand of the respondents is that under the provisions governing the service for the grant of gratuity as well as commutation of pension, in case any criminal proceedings are pending, no benefit of commutation of pension can be given and the gratuity can be withheld till the conclusion of the judicial proceedings. The relevant portion of the reply is as under:-