Lehmbar Ram (Retd.) vs State Of Punjab And Others
2024 Latest Caselaw 18904 P&H

Punjab-Haryana High Court

Lehmbar Ram (Retd.) vs State Of Punjab And Others on 25 October, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                       Neutral Citation No:=2024:PHHC:140556




CWP No. 1947 of 2024
                                         1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(233)                                   CWP No. 1947 of 2024
                                        Date of Decision : 25.10.2024

Lehmbar Ram
                                                                    ...Petitioner

                                 Versus

State of Punjab and others
                                                                 ...Respondents

CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Dharam Pal, Advocate for the petitioner.

             Mr. Satnam Preet Singh, Deputy Advocate General, Punjab.

             ***

Harsimran Singh Sethi J. (Oral)

Learned counsel for the petitioner submits that the question of

law which has been raised in the present petition that whether after the

retirement, in case an employee is convicted by a Competent Court of Law in

a criminal case, 100% pension can be stopped or not has already been

answered by this Court while passing order in CWP No. 24736 of 2017 titled

as Prem Chand Dhand Vs. State of Punjab and another, decided on

01.12.2018 but, still in an order which has been passed by the respondents

after the said judgment, 100% pension has been withdrawn vide order dated

08.12.2023 (Annexure P-9) which is arbitrary and illegal as the same is

contrary to the rules governing the service qua conviction of an employee by

Competent Court of Law in a criminal case after retirement.

Learned counsel for the respondents has not been able to rebut

the fact that the question of law raised in the present petition has already been

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Neutral Citation No:=2024:PHHC:140556

answered while passing order in Prem Chand Dhand (supra). Learned

counsel for the petitioner further submits that by placing reliance upon the

judgment in Prem Chand Dhand (supra) another petition being CWP No.

22435 of 2018 titled as Triloki Nath Sharma Vs. State of Punjab and

others, decided on 25.05.2022 granting the same benefit, hence, the

impugned order is liable to be set-aside.

Learned counsel for the respondents has not been able to dispute

the legal aspect keeping in view the rules governing the service and the

applicability of same in the present case.

The present petition is also allowed in terms of Triloki Nath

Sharma (supra). The impugned order dated 08.12.2023 (Annexure P-9) is

set-aside. Further, liberty is given to the respondent-State to pass a fresh

order in accordance with law and the rules governing the service as

interpreted by this Court in Prem Chand Dhand (supra).

Let the fresh order be passed within a period of eight weeks of

the receipt of copy of this order and after the passing of fresh order, whatever

the relief the petitioner is found entitled for, be released to him.

Petition is allowed in above terms.

October 25, 2024                         (HARSIMRAN SINGH SETHI)
kanchan                                           JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable                 : No




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