Pension withholding limited to 1/3rd upon conviction for serious crime under Rule 2.2(a) PCS Rules, pending appeal.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:-

“(i) To quash the impugned order of the Respondent No.3 20.09.2018 conveyed vide Endst. No. 20.09.2018 277454/E- 1367(11) dated [A-7), whereby penalty of withholding whole pension of the Applicant with effect from the date of his conviction on 21.04.2018 has been imposed;

(ii) To quash the order of the Appellate Authority (Respondent No.2) dated 03.05.2019, conveyed vide Endst. No. 0015/2018- EO(R&J)/2019/ 7876 dated 15.05.2019 25.11.2016 [A-9], whereby the Appeal preferred by the Applicant has been dismissed;

(iii) After quashing the aforesaid orders, a direction may kindly be issued to respondents to restore the pension, permissible in view of the provisions of Rule 2.2 (b) of the Punjab Civil Services Rules, Volume-II, Part-I, to the Applicant, along with interest @18% p.a. from the date the same was withheld by the impugned orders of the Respondents No.3 & 2, till its actual payment.”

2. The facts leading to filing of the present case are that in the year 2010, the applicant, while posted as Superintendent in the office of the Respondent No.3, was involved in a case FIR No.24 of 2010 dated 30.11.2010 registered at CBI/ACB/CHG under Sec. 120-B IPC read with Section 7 and 13(2) read with Section 13(1)(d) of the P.C Act, 1988 (Annexure A-1). Consequent upon the registration of the criminal case against the applicant, the Respondent No.3 placed him under suspension vide order dated 03.12.2010 (Annexure A-2). The Respondent No.3 issued an order dated 22.08.2012 (Annexure A-3) conveying that the applicant stands retired from Government Service with effect from 31.08.2012 (A.N) on attaining the age of superannuation, without prejudice to the outcome of CBI case I.C. CHG 2010A0024 pending against him. Vide order dated 30.10.2012 (Annexure A-4), the applicant was sanctioned 90% provisional pension @ Rs.12200/- P.M. for six months, with effect from 1.9.2012 to 28.2.2013 under Rule 2.2 (c) and 9.14 (1(a) of the Punjab C.S.R. Volume-II, Part-1. Thereafter, the period of aforesaid provisional pension was allowed to be continued by the respondents from time to time. The Ld. Court convicted the applicant and sentenced him to three years of rigorous imprisonment and a fine of Rs.25000/- for the offence under Section 7 of the P.C. Act, 1988; three years of rigorous imprisonment and Rs.25,000/- a fine of for the offence under Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 and three years of rigorous imprisonment and a fine of Rs.50000/- for the offence under Section 120-8 IPC vide judgment dated 21.05.2018 (Annexure A-5). The sentences were ordered to run concurrently. Against the aforesaid judgment the Applicant filed Criminal Appeal No. 8-2755-SB of 2018 (O&M) in the Hon’ble Punjab and Haryana High Court at Chandigarh. The appeal was admitted and the sentence of the Applicant was suspended during the pendency of the appeal on his furnishing fresh bail/surety bonds satisfaction of the Trial Court. The Respondent No.3 referring to the provisions of Rule 2.2(a) the Punjab C.S.R. Vol-II, Part- 1, read with provisions made under Rule 13 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, imposed punishment of withholding of whole of the pension with effect from the date of conviction i.e.. 21.04.2018, vide order dated 20.09.2018. Feeling aggrieved, the applicant filed an appeal before Respondent No.2, which has been dismissed the appeal vide order dated 03.05.2019 (Annexu