Gurmeet Singh vs State Of Punjab & Ors
2022 Latest Caselaw 6338 P&H

CWP-25207-2015                                                               -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


207                                           CWP-25207-2015
                                              Date of Decision :07.07.2022

Gurmeet Singh                                                      ..Petitioner


                                Versus


State of Punjab and others                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Deepak Aggarwal, Advocate for the petitioner.

             Ms. Anju Sharma Kaushik, DAG, Punjab.

                             ***
Harsimran Singh Sethi, J. (Oral)

In the present writ petition, the grievance of the petitioner is

that the petitioner retired from service on attaining the age of

superannuation on 30.09.2010 and, thereafter, was convicted in a criminal

case registered against him by the competent Court of law on 29.08.2012

and keeping in view the said conviction, respondents have withheld 100%

pension of the petitioner though, the conviction is under challenge before

this Court in CRA-S-2361-SB-2012.

Learned counsel for the petitioner submits that in the facts and

circumstances of the present case, Rule 2.2 (a) of the Punjab Civil Services

Rules is applicable, which rule has already been interpreted by this Court

more than once, according to which, 100% pension of a retiree cannot be

withheld if a pensioner is convicted in a criminal case. Reliance is being

placed on the judgment of this Court in CWP-22174-2015 titled as

1 of 2

Darshan Singh vs. State of Punjab and others decided on 19.12.2018.

Prayer of the learned counsel for the petitioner is that the present petition

may also be disposed off in terms of Darshan Singh's case (Supra).

Learned State counsel does not dispute that the question of law

raised in the present petition is covered by the judgment of this Court in

Darshan Singh's case (Supra).

Keeping in view the above, the present writ petition is disposed

off in terms of the order passed by this Court in Darshan Singh's case

(Supra).

July 07, 2022                       (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No




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