Former ASI wins 18-year legal battle for pensionary benefits
pensionary benefits
under compulsory retirement, brining closure to an 18-year legal battle waged by the 64-year-old former officer who was dismissed over a corruption conviction later suspended on appeal.Daulat Ram, recruited in 1979, had a 28-year service record, including commendations for anti-terrorism operations during Punjab's insurgency era.
In 1998, he was convicted in a corruption case under the Prevention of Corruption Act for allegedly accepting a bribe. While his appeal against the conviction was pending, the Punjab Police dismissed him in 2007 under Rule 16.2 of Punjab Police Rules, citing the conviction.Daulat Ram contested the dismissal, arguing that the order was passed during the pendency of his appeal, violating principles of natural justice. He argued that his clean service record, including 64 commendations and participation in high-risk counter-terrorism operations, was ignored. He also mentioned that similar cases had resulted in reinstatement or compulsory retirement for other officers.The court of civil judge (junior division) Ravinder Singh Rana held that the dismissal order was "non-speaking, ultra-vires, and against natural justice" and noted that the punishing authority failed to consider Daulat Ram's service tenure, exemplary record, or the gravity of the offence.The court noted that dismissal during the appeal's pendency amounted to "double punishment" as the conviction's finality was undecided.Granting relief to Daulat Ram, the court set aside the 2007 dismissal and subsequent appellate orders and converted the dismissal into compulsory retirement from Dec 26, 2007, making Ram eligible for full pensionary benefits. The court directed the Punjab government to disburse arrears with 6% interest within two months."The judgment emphasises the necessity for authorities to balance disciplinary actions with service records and legal pendency. It also highlights the judiciary's role in safeguarding employees' rights against procedural lapses. For Daulat Ram, the verdict ends a grueling fight for dignity. He served Punjab with his blood. Today, justice has prevailed," said his counsel Puneet Sharma.
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