Tejwant Singh vs State of Punjab and others

Petitioner was working as Assistant Superintendent Jail,

Amritsar. On 21.11.1994, Bikramjeet Singh, I.G. Jail visited the Central Jail

Amritsar, where the petitioner is alleged to have misbehaved with him. On

the basis of said misbehaviour, the petitioner was suspended from service on

21.11.1994. An FIR No.174 under Sections 186, 323, 332, 353 and 506 IPC

was also registered against him. At the same time, parallel departmental

inquiry was also conducted by Shri Dhanna Singh, Superintendent of Police

Jails, in which, he was held guilty. Consequently, vide order dated 9.8.1996,

Additional Director General of Police dismissed the petitioner from service

w.e.f. 10.8.1996. Appeal filed by the petitioner before the State Government

was dismissed on 5.6.1997. Petitioner challenged his dismissal from service

by way of CWP NO.2089 of 1998 before this Court, which was decided on

13.12.1999. The impugned order of dismissal and the order of appellate

authority were set aside and the case was remanded to the department to

decide the matter afresh. Consequently, the Inspector General Jails, Punjab,

after considering the matter afresh, passed a fresh order on 4.5.2000, vide

which, he was awarded punishment of stoppage of two annual promotions

along with future effect. Petitioner was reinstated in service and the

suspension period from 21.11.1994 to 9.6.1996 was treated as leave.

Thereafter, on attaining the age of superannuation, the petitioner retired from

service on 30.11.1999. Bad time started for the petitioner when after his

retirement, he was convicted by the Additional Chief Judicial Magistrate,

Amritsar on 3.4.2006 under Sections 186, 332 and 506 IPC and sentenced to

various imprisonments. In appeal, the learned Additional Sessions Judge

(Adhoc) Fast Track Court Amritsar vide judgment dated 4.7.2007 upheld the

conviction of the petitioner but set aside the sentence and he was released

on probation undertaking to maintain peace and be of good behaviour.

Thereafter, Director General of Police, (Jails), Punjab passed an

order endorsed on 27.10.2008 (Annexure P7) under Rule 2.2(a) of Punjab

Civil Services Rules Volume II, vide which, pension was stopped for 4 ?

years. Appeal filed by the petitioner against the said order was dismissed by

the State Government vide order dated 11.10.2010 (Annexure P8).

State in the reply, has taken a stand that the order of stoppage of

pension for 4 ? years has been passed under Rule 2.2(a) of Punjab Civil

Services Rules Volume II, which implies future good conduct as a condition

for grant of the pension and which gives a right to the government to

withhold or withdraw the pension or part thereof if the pensioner is

convicted of a serious crime or guilty of grave misconduct. The other facts

regarding previous dismissal of the petitioner from service and reinstatement

were not disputed.

I have heard learned counsel for the parties and have also

carefully gone through the file.

Admitted facts are that the petitioner was previously dismissed

from service on account of the incident of misbehaviour with IG Jails. On

the basis of the same facts, FIR No.174 dated 4.5.2000 was also registered

against him at Police Station Sadar, Amritsar. The department held a parallel

inquiry, in which, though the petitioner was initially dismissed from service

but later on when the case was remanded to the department by this Court, the

punishment of stoppage of two annual promotions along with the future

effect was awarded. The said order has now become final. On the basis of

the same incident, the petitioner was convicted by the Court of Additional

Chief Judicial Magistrate, Amritsar and in appeal, his conviction has been

upheld and sentence part has been set aside and the petitioner has been

released on probation.

The question arising for consideration before this Court is as to

whether on the basis of the same misconduct, two separate punishments can

be awarded by the department at different times, one during the service and

another after the retirement? I find the reply in negative. Once, the

petitioner has been awarded punishment by the department for the

misconduct during his service, then after his retirement, on the basis of the

same misconduct, which resulted into his conviction, another punishment

cannot be awarded by the department. The position would have been

different if no punishment was awarded by the department on the basis of the

same incident when the petitioner was in service and they had waited for the

result of the criminal trial.

Secondly, the petitioner was released on probation by the

appellate Court and the department was required to first determine whether

the evidence on which the petitioner was convicted but ultimately released

on probation amounts to gross misconduct warranting exercise of powers

under Rule 2.2(a) Punjab Civil Services Rules Volume II. The impugned

order does not show that such misconduct was determined. The order was

passed merely on the basis of the conviction, assuming that from the

conviction itself, a grave misconduct is conclusively proved.

In view of the matter, the impugned order endorsed on

27.10.2008 (Annexure P7) and the order dated 11.10.2010 (Annexure P8)

passed in the appeal are not sustainable in the eyes of law and are hereby

quashed. Consequently, the petition is allowed.

Arrears, if any, shall be released to the petitioner within two

months from the date of receipt of certified copy of this order. The petitioner

shall also be entitled to interest @ 9% per annum on the arrears, if any.