The Punjab and Haryana High Court has ruled that the State has no legal authority to withhold the retiral benefits of a former police official solely on the basis of a pending FIR, especially when the challan in the case was filed nearly two decades ago.
The case involved Inderjit Singh, a former Punjab Police constable, who approached the court seeking release of his retiral dues such as gratuity, leave encashment, pension, and commutation of pension. Singh had joined the police force in December 1993 and was compulsorily retired in July 2018 after departmental proceedings. However, the State denied him his full retiral benefits citing a pending FIR under the Punjab Excise Act registered back in 2004.
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The Court observed that although the challan in the FIR was presented on February 8, 2005, no progress had been made in the case. The trial had not moved forward, and no charges had been framed.
"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,"
— Justice Jagmohan Bansal
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The judge emphasized that Singh cannot be blamed for the delay in adjudication of the case and that the lapse lies with the police, prosecution, or court staff.
“He cannot be held guilty for non-adjudication of the FIR. The fault lies either with the Police Authorities or Public Prosecutor or Court Staff,”
— Justice Jagmohan Bansal
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Despite acquittal in a separate FIR, Singh’s dues remained withheld on the basis of this excise case. The Court made it clear that the mere pendency of the FIR does not justify denial of retiral benefits after such a long delay.
“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,”
— Punjab & Haryana High Court
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As a result, the Court directed the State of Punjab to release all remaining retiral dues to Singh. However, it also noted that if within two months the Department can prove that Singh has been convicted in the said FIR, the retiral benefit status can be revisited according to law.
Additionally, the Court requested the District and Sessions Judge, S.A.S. Nagar, Mohali, to conduct an inquiry into the current status of the 2004 FIR and directed the Senior Superintendent of Police to take action against the responsible officials for the inaction.
Advocates:
- For Petitioner: Mr. R.K. Arora & Mr. Jugam Arora
- For State: Mr. Aman Dhir, Deputy Advocate General, Punjab
Case Title: Inderjit Singh v. State of Punjab and others
