LADU SINGH Vs. R S R T C

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned order Annex. 1 dated 4.5.2005, Annex. 2 dated 8.8.2007 and prayed that respondents may be directed to pay pension to the petitioner in accordance with Pension Payment Order already passed by the respondents along with 12% interest. Facts of this case indicate that the petitioner was initially appointed on the post of Driver on 29.5.1974. Thereafter, while working on the said post the petitioner Tiled an application for voluntary retirement which is accepted by the respondents with effect from 1.4.2004 and, thereafter, P.P.O. (Pension Payment Order) was issued in favour of the petitioner on 23.4.2004. It is stated in the writ petition by the petitioner that on 23.4.1982, in a criminal case filed against the petitioner under Section 4/9, Opium Act, challan was filed and, on that basis, after complete trial, the competent Court convicted the petitioner for the said offence vide judgment dated 21.3.1987 and passed order of sentence of one year's rigorous imprisonment with fine of Rs. 1,000/-. Said conviction attained finality after order dated 9.4.1993 passed in S.B. Criminal Revision Petition No. 1/1992 by this Court at Jaipur Bench, in which, while maintaining conviction of the petitioner for the aforesaid offence the punishment was reduced to the period of imprisonment already undergone by the petitioner.

(2.) In the writ petition, the petitioner has submitted that in view of the registration of the criminal case against petitioner, in the departmental inquiry conducted against him, a punishment was inflicted against the petitioner under Sec. 36(2) of the Standing Orders of the Rajasthan State Road Transport Corporation, whereby, one grade increment without cumulative effect for one year was inflicted against the petitioner; and, thereafter, all service benefits were granted to the petitioner. However, vide order Annex. 1 abruptly the Executive Director (Mechanical), Rajasthan State Road Transport Corporation passed order for withholding the provisional pension granted in favour of the petitioner upon the fact that the petitioner was convicted by criminal Court in the criminal case and it was further ordered to hold inquiry against those officers who passed order for inflicting minor penalty upon admission made by the petitioner about registration of the criminal case against him; and, further passed order for cancellation of the order granting extraordinary leave for the absence during which the petitioner remained in custody.

(3.) Learned counsel for the petitioner submits that once after due application of mind penalty of stoppage of one grade increment without cumulative effect for one year was inflicted against the petitioner for alleged charge of registration of criminal case, then, there is no ground left for the respondents to deny the pensionary benefits to the petitioner. Further, it is submitted that order dated 8.8.2007 (Annex. 2) has been passed without providing opportunity to the petitioner, therefore, both the orders deserve to be quashed and petitioner is entitled to the pensionary benefits for the services rendered by him.