BHOJ SING Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was enrolled as REN on 14th October, 1969 in 11 JAK RIF of Indian Army. Petitioner was medically discharged from the Army on 7th March, 1957. The pensionary benefits were extended to the petitioner in accordance with rules. F.I.R. No. 07/1996 dated 12th January, 1996 U/s. 20 NDPS Act was registered against the petitioner alongwith other four persons at police station Akhnoor. The Trial Court on 24th April, 2012 convicted and sentenced all the accused including the petitioner for having committed offence punishable U/s. 20 NDPS Act. Then accused alongwith the petitioner were ordered to undergo imprisonment of 10 years and fine to the tune of Rs. 1.00 lac imposed upon them.

(2.) The order of conviction and sentence has been called in question by the appellant and other accused in Cr. Appeal No. 44/2012 which is pending before the Court. The Court on 19th February, 2013 has ordered for suspension of sentence and directed for enlarging the appellant-petitioner and other accused on bail.

(3.) After the conviction of the appellant-petitioner, the DPDO (AR), Jammu informed the Officer I/C Legal Cell 16 Corps C/O 526 ASC Bn. C/O 56 APO, vide communication dated 08th October, 2013 that the pension of the petitioner has been suspended by the said office with effect from 01st November, 2012 after the conviction of the petitioner by the Court of Principal Sessions Judge, Jammu, and as he has been awarded 10 years punishment.