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Punjab-Haryana High Court

Baldev Singh Gill vs State Of Punjab And Others ... on 16 February, 2009

Author: Permod Kohli

Bench: Permod Kohli

IN THE HIGH COURT OF PUNJAB & HARYANA AT
              CHANDIGARH


                                        CWP No. 2466 of 2009
                                        Date of Decision: 16.2.2009.

Baldev Singh Gill                                         ---Petitioner

                            Vs.


State of Punjab and others                                ---Respondents


CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-    Mr. Kanwaljit Singh, Sr. Advocate with
             Mr. M.S. Kahlon, Advocate for the petitioner.

             ***

PERMOD KOHLI.J (ORAL) The petitioner was serving as S.D.O. While serving as S.D.O an FIR No. 112 dated 2.11.1993 was registered against the petitioner at Police Station S.A.S. Nagar, Mohali under Sections 13(1) (e) and 13(i) of Prevention of Corruption Act. After the conclusion of the trial, petitioner was convicted by the Special Judge, Ropar on 12.3.2004 to undergo 2 years rigorous imprisonment and a fine of Rs. 5,000/-. An appeal was preferred by the petitioner against the said judgement, which is pending admitted, however the sentence has been suspended. In the meantime petitioner retired on attaining the age of superannuation on 30.9.2005.

The grievance raised by the petitioner in this petition is that he has not been granted retiral benefits. Petitioner also served a legal notice (Annexure P-4) dated 3.1.2009, but no decision has been taken by the respondents till date. Learned counsel for the petitioner submits that he will be satisfied if the respondents are directed to take decision on the legal notice of the petitioner.

CWP No. 2466 of 2009 -2-

Accordingly, this petition is disposed of with a direction to the Principal Secretary, Deptt. Of Irrigation to take a decision on the legal notice of the petitioner within a period of three months from the date of service of certified copy of this order. However, if the petitioner is found entitled to any claim, the same shall be disbursed within a period of one month thereafter. Needless to say that in the event the claim of the petitioner is to be rejected, it shall be by a reasoned and speaking order.

(PERMOD KOHLI) JUDGE 16.2.2009 lucky