Karamjit Singh vs Lic Of India And Ors
2024 Latest Caselaw 5837 P&H

Punjab-Haryana High Court

Karamjit Singh vs Lic Of India And Ors on 14 March, 2024

                                                          Neutral Citation No:=2024:PHHC:036722




CWP-6078-2024                              1             2024:PHHC:036722

              IN THE HIGH COURT OF PUNJAB & HARYANA
                           AT CHANDIGARH

141                                             CWP-6078-2024
                                                Date of decision: 14.03.2024

KARAMJIT SINGH                                              ....PETITIONER
                                 Vs.
LIC OF INDIA AND ORS                                        ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:      Mr. G.S. Lalli, Advocate
              for the petitioner.

              Mr. Akshay Jain, Advocate
              for the respondents.

                    ****

JAGMOHAN BANSAL, J (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the

Constitution of India is seeking directions to respondents to release retrial

benefits.

2. The petitioner is a retired employee of Life Insurance Corporation

of India. During his service, he was embroiled in FIR No. 66 dated 04.09.2012

under Sections 307, 323, 34 of IPC registered at Police Station Dhanaula,

District Barnala. He was convicted vide judgment dated 31.10.2018 passed by

the High Court. This Court vide order dated 15.07.2019 has stayed judgment of

conviction. The petitioner was issued show cause notice dated 30.03.2019

calling upon him to show cause as to why he should not be terminated. In view

of stay of judgment of conviction by this Court, the respondent permitted the

petitioner to continue in service till retirement. The petitioner has been paid

provisional pension, however, he has not been released gratuity and leave

encashment.

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                                                          Neutral Citation No:=2024:PHHC:036722




CWP-6078-2024                            2              2024:PHHC:036722

3. Mr. Gurinder Singh Lalli, Advocate submits that petitioner is

entitled to full pension as well as other retiral dues because judgment of

conviction has been stayed by this Court.

4. Notice of motion .

5. On the asking of Court, Mr. Akshay Jain, Advocate, accepts notice

on behalf of respondents and waives service.

6. Supreme Court in The Secretary, Local Self Government

Department and Ors. Vs. K.Chandran etc., 2022 LiveLaw (SC) 285 has held

that gratuity cannot be released to an employee against whom criminal

proceedings are pending. A Full Bench of this Court in Dr. Ishar Singh Vs. State

of Punjab and another, 1993 SCC OnLine P&H 49 has held that gratuity

during the pendency of criminal proceedings cannot be released, however,

employee is entitled to provisional pension and leave encashment.

7. With the consent of both sides, the petition is hereby disposed of

with a direction to respondent to decide representation dated 23.09.2022

(Annexure P-9) of the petitioner, in the light of above referred Full Bench

judgment of this Court.

14.03.2024                                    [JAGMOHAN BANSAL]
anju                                              JUDGE

                   Whether speaking/reasoned         Yes/No
                   Whether reportable                Yes/No




                                                         Neutral Citation No:=2024:PHHC:036722

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