Punjab Court Upholds Pension Benefits for Acquitted Former Head Constable
Punjab loses appeal against pension benefits for dismissed head constable
Image: The Times Of India
A Gurdaspur court in Punjab has rejected the state's appeal against a ruling that grants pension benefits to Pankaj Kumar, a former head constable dismissed in 2011 after an FIR. He was acquitted in 2019, and the court found the dismissal legally unsustainable, ordering the state to process his pension without delay.
- 01Pankaj Kumar was dismissed from service on August 16, 2011, after an FIR was filed against him.
- 02He was acquitted of all charges in 2019, but the Punjab Police denied his reinstatement.
- 03The court criticized the dismissal order as 'cryptic' and lacking valid reasons for bypassing a departmental inquiry.
- 04Other police personnel involved in the same FIR were reinstated after acquittal, highlighting discrimination against Kumar.
- 05The court ordered the state to pay Kumar's pension arrears with 6% annual interest from the date of dismissal until his retirement on October 6, 2023.
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In a significant ruling, a Gurdaspur court has dismissed the Punjab government's appeal against a lower court's decision that awarded pensionary benefits to Pankaj Kumar, a former head constable dismissed in 2011 following an FIR. Kumar was acquitted of all charges in 2019, yet the police department refused to reinstate him. The court found the dismissal order to be 'cryptic' and legally unsustainable, emphasizing that the department failed to provide justifiable reasons for not conducting a departmental inquiry. The ruling pointed out that other police officers implicated in the same FIR had been reinstated, which constituted discrimination against Kumar and violated Article 14 of the Constitution. The additional district judge upheld the trial court's decision, confirming Kumar's entitlement to pension benefits and ordering the state to pay him arrears with 6% annual interest from the dismissal date until his retirement on October 6, 2023. The court also instructed the authorities to expedite the processing of his pension benefits.
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The ruling sets a precedent for similar cases involving dismissed police personnel, ensuring fair treatment and adherence to constitutional rights.
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