Provisional pension to convicted govt. employee
Nirmal Singh
(Querist) 31 July 2013
This query is : Resolved
A Head Constable of Punjab Police was convicted u/s 395 IPC and the trial court sentenced him for 2 years imprisonment.He was dismissed from service in 2008. His appeal against sentence was dismissed by session court in 2010.The Hon,ble High court released him on bail on the very first day of hearing on his bail application as well as appeal against sentence.The Hon,ble also raised question about the sentence awarded to him on legal and technical ground because all recovery witnesses do not support the recovery theory of police .whether he is entitled for provisional pension from Govt., if yes then under what provision of law? can he file civil suit or writ at this time..?what is the time limit in this case.? kindly explain..
Guest
(Expert) 31 July 2013
Unless the orders of his dismissal become inoperative on withdrawal by his honourable acquittal by the order of the court of law, he would not get any retirement benefit ( including pension). All depends upon his acquitttal by the court. His priority should be to concentrate on his court case.
prabhakar singh
(Expert) 01 August 2013
No provisional pension.As rightly adviced he should not only try expedite of hearing of appeal but should concentrate on getting acquital,merely that bail was granted same day does not afford any right to pension.
No suit or writ would lie.
Guest
(Expert) 01 August 2013
You are welcome.
Nirmal Singh
(Querist) 03 August 2013
In this case the Dy.S.P was the investigation officer. He send Rukka for registration of FIR at 5 PM,but at 12.45 PM(in the afternoon)he made his departure from his office,in his official vehicle's log book for checking of various police stations and posts. He went to Ropar city, about 100 KM far away from his office, and showed his return FROM ROPAR city,to his office at 3/30 am on the next day early morning, whereas he showed his presence in his office till 8.30 PM after sending the rukka,and recorded the statement u/s 161 Cr.PC of some witnesses in the case diary No.1..WHAT ACTION CAN BE INITIATED AGAINST THE DSP 9 now RETIRED. whether this development can be brought into the notice of the Hon,ble High court during his appeal against conviction...?? because the I.O can not supposed to be at two places at the same time and on the same day..
Raj Kumar Makkad
(Expert) 04 August 2013
Not only high court can be got apprised abot the major lapses on the part of DSP but also a separate criminal case can be got filed against such DSP who manipulated the things contrary to the record.
Nirmal Singh
(Querist) 05 August 2013
whether there is any limitation period for filing separate criminal case against the DSP...? under which section criminal case can be filed...?
Sudhir Kumar, Advocate 
(Expert) 01 August 2013
