H.C. Joginder Singh vs State of Punjab and Others

Ajay Tewari, J.—The claim in the present petition is for the release of full retrial benefits of the petitioner which are stated to have been withheld on account of pendency of an FIR. Learned counsel for the petitioner has argued that it is now well settled that retrial benefits of the employee could not be retained on account of pendency of an FIR which has no relation with the service conduct. In this connection he has placed reliance upon the judgments in the matter of Sukhdev Singh vs. State of Punjab and others, passed in CWP No. 18550 of 2011, decided on 02.03.2012 and Darshan Singh vs. State of Punjab, reported in 2011(3) S.C.T. 795. He has further placed reliance on the other judgment in the Lakhdev Singh Vs. State of Punjab which lays down that mere registration of FIR would not enable the Government to retain pensionary benefits even if the allegations relates to conduct.

Learned Deputy Advocate General has not been able to cite any contrary judgment.

Petition is allowed. The respondents are directed to compute the pensionary benefits of the petitioner and pay the same within a period of three months from the date of receipt of a certified copy of this order, failing which, the petitioner would be entitled to claim the same with interest @ 8% p.a. from the date/s it fell due till payment. Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.