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2018 Supreme(P&H) 4739

HARSIMRAN SINGH SETHI
Prem Chand Dhand – Appellant
Versus
State Of Punjab And Another – Respondent


Advocates Appeared:
Sarthak Gupta for Animesh Sharma, Advocates, for the Appellant; Ms. Anju Arora, Additional Advocate General, Punjab, for the Respondents

JUDGMENT

Harsimran Singh Sethi, J. (Oral) - In the present case, the petitioner is challenging order dated 11.02.2016 (Annexure P-1) by which 100% pension of the petitioner has been stopped.

2. In the writ petition, the petitioner has averred that he joined as a Clerk in the office of District Election Officer, Patiala on 15.05.1965. In the year 1977 he was promoted as Kanungo and thereafter as Naib Tehsildar and Tehsildar (Election) in the year 1993. On attaining the age of superannuation, the petitioner retired from service on 30.04.1999.

After the retirement, the petitioner was sanctioned pension, which he had started receiving but his other pensionary benefits such as GPF and leave encashment were not paid for the reason that an FIR No. 29 dated 23.05.2001, under Sections 409, 420 IPC and section 13(1) of the Prevention of Corruption Act, 1988 (in short 'the Act of 1988) was registered against him. The allegations in the FIR were that the petitioner continued to operate the bank account, which was under his charge prior to the retirement and there was an embezzlement of Rs. 5,44,844/-. After the trial, the petitioner was convicted on 29.09.2005 and was sentenced to undergo impri

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