Convict’s pension can’t be stalled without departmental probe: HC

CHANDIGARH: The Punjab and Haryana high court has held that the pension to a convict can’t be withheld without holding a departmental inquiry.

The high court bench of justice Kuldip Singh set aside the Punjab government order whereby pension was denied to former Punjab Police subinspector Shiv Nath in view of his conviction in a criminal case.

Nath was booked in an alleged murder case along with three others in 2013, while in service. He was due to retire in January 2014, but got one-year extension and was convicted by a SAS Nagar trial court in May 2014 for disobeying direction of law and framing incorrect record or writing with intent to save person from punishment and sentenced to two years of jail. His appeal is still pending with high court in a separate petition.

His counsel, Bikramjit Singh Bawa, had argued that the petitioner retired in January 2015. But no departmental action was initiated against him between the time of his conviction and retirement, but in March 2015, two months post retirement, an order that petitioner would not be entitled to pension and other benefits except general provident fund and guaranteed income supplement amount, was passed in view of his conviction.

The HC bench observed that government reserved the right of withholding or withdrawing the pension or any part of pension if the pensioner was convicted for ‘serious crime’ or guilty of ‘grave misconduct’. But as per the Punjab Civil Services rule, the state has to decide that the crime committed by the petitioner is of serious nature and the alleged misconduct was grave in nature. Without holding departmental proceedings, no order as per rules can be passed. The perusal of the impugned order showed that no such departmental proceedings were conducted.

Admittedly, after the conviction of the petitioner, the pension file was moved and it remained pending, the high court bench recorded setting aside the order on stalling the pension.