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Tuesday, March 16, 2010

Pensionary benefits--Continuation of criminal case cannot deprive petitioner of benefit of death-cum-retirement gratuity

- 2010(1) LAW HERALD (P&H) 442
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Civil Writ Petition No.3177 of 2009
Faquir Chand
v.
State of Haryana & Ors.
{Decided on 13/11/2009}
For the Petitioner: Mr. Anil Kshetarpal, Advocate.
For the State: Mr. Harish Rathee, Sr.DAG, Haryana.
IMPORTANT POINT
Pensionary benefits--Continuation of criminal case cannot deprive petitioner of benefit of death-cum-retirement gratuity.
(A) Haryana Civil Services Rules, Volume II, Part I, Rule 2.2--Pensionary benefits--With holding of--Pendency of Criminal case--Finding guilty is sine-qua-non- for invoking provisions of Rules to withhold or discontinue pension or pensionary benefits--Merely because state has filed on appeal against acquittal would not mean that this acquittal can be taken as conviction to withhold or withdraw pensionary benefits. (P.10)
(B) Haryana Civil Services Rules, Volume II, Part I, Rule 2.2--Pensionary benefits--With holding of--Pendency of Criminal case--Departmental proceedings initiated against petitioners kept in abeyance to await decision in criminal case--Respondent not justified to with hold pensionary benefits to petitioners. (P.10)
(C) Haryana Civil Services Rules, Volume II, Part I, Rule 2.2--Pensionary benefits--With holding of--Pendency of Criminal case--No departmental proceeding held against petitioner--He is only facing criminal prosecution--Proceedings under Rule 2.2(b) can be initiated on conclusion of criminal trial and if petitioner is found guilty of charge preferred against him--Continuation of criminal case cannot deprive petitioner of benefit of death-cum-retirement gratuity. (P.10)
(D) Haryana Civil Services Rules, Volume II, Part I, Rule 2.2--Pensionary benefits--With holding of--Pendency of Criminal case--Petitioner acquitted of charge preferred against him under prevention of Corruption Act--Finding of guilty is sine-qua-non for invoking provisions of Rules to with hold or discontinue pension or pensionary benefit--No justification to withhold pension or pensionary benefits. (P.10)