ASI Paramjit Singh vs State of Punjab and Others

Augustine George Masih, J.—Petitioner has approached this Court impugning the communication dated 4.8.2012 (Annexure-P-3), issued by the Senior Superintendent of Police, vide which the retiral benefits of the petitioner have been withheld on the ground that an appeal against criminal case, which was registered against him, is pending of the complainant in the Court of Sessions Judge, Hoshiarpur. It is the contention of the counsel for the petitioner that the petitioner was appointed as a Constable on 10.5.1982. He was promoted to the post of Assistant Sub Inspector from which post he superannuated on 28.2.2011. FIR No. 17, dated 16.1.2006 was registered u/s 420 of the Indian Penal Code, Police Station City Hoshiarpur, against the petitioner on the ground that he had forged his matriculation certificate and has shown his date of birth as 10.5.1956, whereas actually his date of birth was 10.2.1953. Petitioner accepted his date of birth as 10.2.1953 and, therefore, was allowed to superannuate on 28.2.2011. Counsel contends that even in the criminal case, which was initiated against the petitioner, he stands acquitted, vide judgment dated 12.3.2012 (Annexure-P-1), passed by the learned Chief Judicial Magistrate, Hoshiarpur. Against the acquittal of the petitioner, no appeal has been preferred by the State. Appeal has only been preferred by the complainant, which is pending before the Sessions Judge, Hoshiarpur. It is on the basis of pendency of the said appeal that the retiral benefits of the petitioner have been withheld by the Senior Superintendent of Police, Hoshiarpur, which order was conveyed to the petitioner on 4.8.2012 (Annexure-P-3).

Counsel contends that the said order cannot sustain in the light of the fact that the petitioner has already been acquitted in the criminal proceedings initiated against him and no departmental proceedings were finalized before his superannuation.

It has been asserted by the counsel for the respondents that the departmental proceedings were stayed by this Court in CWP No. 17927 of 2007, which is still pending in this Court.

On considering the submissions made by the counsel for the parties, I am of the considered view that the retiral benefits, as have been withheld by the Senior Superintendent of Police, Hoshiarpur, vide order dated 4.8.2012 (Annexure-P-3) cannot sustain. Merely because a criminal appeal has been preferred by the complainant against the order of acquittal would not be a good ground for doing so, especially when the State has preferred not to file an appeal and has accepted the acquittal of the petitioner. In any case, petitioner has not got any benefit of his changed date of birth as he has himself accepted his date of birth as 10.2.1953 and treating the same to be correct date of birth, petitioner has been allowed to superannuate by the respondents. The present writ petition is thus, allowed. Order dated 4.8.2012 (Annexure-P-3), passed by the Senior Superintendent of Police, Hoshiarpur, is hereby set aside. Directions are issued to the respondents to release the retrial benefits of the petitioner within a period of two months from the date of receipt of certified copy of this order. It is, however, stated that the release of these benefits shall be subject to the decision of CWP No. 17927 of 2007, filed by the petitioner against the departmental proceedings initiated against him.