HC: Retirement benefits can’t be withheld if FIR pending

Saurabh Malik

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Tribune News Service

Chandigarh, August 17

The Punjab and Haryana High Court has held that an employee’s pension or pensionary benefits cannot be withheld due to mere pendency of a criminal case.

The ruling by Justice Jaspal Singh came on a petition by Shiv Dev Singh against the state and other respondents for releasing regular pension and gratuity along with interest and arrears.

The petitioner, recruited as a constable in Punjab Police in August 1972, retired from Inspector’s post in April 2010. During his service, he along with 20 other police officials was involved in a criminal case registered by the Central Bureau of Investigation on February 5, 1997, for kidnapping, disappearance of evidence and other offences under Sections 364, 34, 203, 201 and 120-B of the IPC.

As a result, his retirement benefits were withheld. He was again implicated in a case registered on July 1, 2007, at Noor Mahal police station in Jalandhar district, when he was posted as Station House Officer.

His counsel contended the petitioner was acquitted by Patiala Special Judge in March 2015 in the CBI case. He was also found innocent in the other FIR registered in July 2007. The cancellation report filed time and again were, however, not accepted by the court and returned for reinvestigation even though the complainants expressed satisfaction with the police probe.

The counsel added that the petitioner stood retired in 2010, but his retirement benefits were withheld following pendency of July 2007 FIR. He added that till date cognisance had not been taken against him by any court of law.

Justice Jaspal asserted that the sole point for determination was whether the petitioner could be denied the release of pensionary benefits on account of pendency of a criminal case. He said the petitioner had been not been found guilty as yet. Even the challan had not been presented against him. Therefore, the respondents were not within their rights to withhold the pension or pensionary benefits merely on the basis of registration of FIR on July 1, 2007.

Justice Jaspal added that the petitioner stood exonerated by the investigating officers and cancellations reports were filed. As such, the case was at the stage of preliminary evidence.

“It is only when the Magistrate takes ‘cognisance’ after application of mind that ‘judicial proceedings’ shall be deemed to be pending or instituted. In the case in hand, investigating officers have exonerated the petitioner and submitted cancellation reports. Therefore, this court is of the view that due to mere pendency of registration of FIR, pension or pensionary benefits cannot be withheld,” Justice Jaspal added, while setting three-month deadline for the respondents to consider his claim.

Case history  

• The ruling by Justice Jaspal Singh came on a petition by Shiv Dev Singh against the state and other respondents for releasing regular pension and gratuity along with interest and arrears.
• The petitioner, recruited as a constable in the Punjab Police in August 1972, retired from Inspector's post in April 2010. During his service, he along with 20 other police officials was involved in a criminal case registered by the CBI.
• As a result, his retirement benefits were withheld.