SATYAPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the Pension Pay Order (PPO) dtd. 14/6/2021 (Annex. P/7) and seeking direction to the respondents to issue a fresh PPO after counting the period from the date dismissal to the date of reinstatement as in service with all consequential benefits and that the order of recovery dtd. 22/6/2021 (Annex. P/9) be quashed and set aside.

(2.) It is, inter-alia, indicated that the petitioner was enrolled in BSF on 16/10/1989 as a Constable (GD) at STC, BSF, Jodhpur. While in service, an FIR No. 207/2000 under Sec. 302/34 IPC was lodged against the petitioner at Police Station- Surajgarh, District Jhunujhunu and accordingly, the petitioner was arrested on 4/1/2001 and was consequently placed under suspension w.e.f. 4/1/2001. The petitioner came to be convicted by Sessions Court, Jhunjhunu vide judgment dtd. 11/2/2002 and was sentenced to life imprisonment. Based on the conviction of the petitioner, he was dismissed from the service w.e.f. 18/4/2002 by order dtd. 19/4/2002, The petitioner filed appeal before the High Court, which came to be dismissed. Whereafter, the petitioner approached the Hon'ble Supreme Court, who by its order dtd. 13/4/2011 (Annex. P/2) acquitted the petitioner.

(3.) By order dtd. 4/8/2011 (Annex. P/6) the petitioner was reinstated in service and it was directed that the period of absence i.e. from the date of dismissal to the date of acquittal be regularized by granting leave of kind due under the Rules and no back wages be allowed for the said period of absence.