Ranjit Singh, J.

1. Can the pensionary benefits be withheld on account of pendency of criminal proceedings is the short issue that arises in the present writ petitions.

2. This issue could have easily been resolved by making reference to Haryana Civil Services Rules, Volume II, Part I (for short, "the Rules"), still it has come before the Court, which will not speak well off the State functionaries. The present petitions are avoidable litigation and could have easily been avoided if the respondents had done their duty or atleast had applied their mind to the position that has been settled by more than one judgment delivered by this Court. Since it is again disputed by the State, it may require another decision.

3. Civil Writ Petition No.3177 of 2009 (Faquir Chand v. State of Haryana and others) and 4032 of 2009 (Bamvari Lal v. State of Haryana and others) are being disposed of together as common legal issue arises in both these petitions. Petition in Civil Writ Petition No.3177 of 2009 was appointed with Haryana Roadways on 25.8.1971. He was implicated in Criminal case FIR No.85 dated 6.4.2005 and has, therefore, been challaned for an offence under Section 306 IPC. Upon bei