State Has No Authority To Withhold Retiral Benefit Dues On Account Of Pending FIR When Challan Was Filed In 2005: Punjab & Haryana High Court

The Punjab and Haryana High Court has directed to release retiral benefits of a former police officer,  withheldi due to a pending FIR registered nearly two decades ago.

The Court noted that the challan was presented before the Trial in 2005 and he is unable to get his retiral dues because of the pending FIR. "He cannot be held guilty for non-adjudication of the FIR," said the Court.

Adding that "the fault lies either with the Police Authorities or Public Prosecutor or Court Staff," Justice Jagmohan Bansal said, "in the backdrop, this Court is of the considered opinion that respondent-State has no authority to withhold petitioner's dues on account of pendency of aforesaid FIR."

The Court was hearing a plea of a former Punjab Police Official who was embroiled in FIR in 2005 under Sections 61,1,14 of the Punjab Excise Act.

In 2017, Inderjit Singh was suspended on account of circulating some Whatsapp video. He was later ordered to compulsorily retire from service from July, 2018.

Singh contended that a period of more than two decades have passed away from the date of filing challan, however, there is no adverse order against him in the form of charge-sheet or judgment of sentence. On account of said FIR under Excise Act, the State has withheld his retiral dues.

State counsel submitted that as conceded by the petitioner, police filed challan on February 08, 2005 qua FIR under Excise Act. The Excise and Taxation Authorities have informed that they had never received file for compounding of offence. The challan was presented and beyond that stage, it was within jurisdiction of the Trial Court, added the counsel.

After hearing the submissions, the Court noted that in one FIR he has already been acquitted and in another pending FIR challan was presented way back in 2005.

"A period of more than 20 years has elapsed from the date of filing challan. The respondent was granted multiple opportunities by this Court to verify present status of aforesaid FIR...They are unable to collect record from the Trial Court to support that challan was actually registered and Court proceeded with the matter," noted the Court.

In the light of the above, the Court directed the State to release retiral dues of the petitioner.

The Court clarified that if within two months, the Department is able to establish that petitioner was held guilty in the FIR, the status of retiral dues would be considered as per law.

Mr. R.K. Arora, Advocate and Mr. Jugam Arora, Advocate for the petitioner

Mr. Aman Dhir, Deputy Advocate General, Punjab

Title: Inderjit Singh v. State of Punjab and others

Click here to read/download the order