Kuldip Singh, J. - (1.) The petitioner-Sukhwant Singh was working as Upper Division Clerk in Punjab State Electricity Board, now succeeded by Punjab State Power Corporation Ltd.. He took voluntary retirement which was allowed vide letter dated 11.08.2011 and became effective from 30.09.2011. Later on, after his retirement, the petitioner was convicted by Judicial Magistrate First Class, Amritsar under Section 323, 324, 148 and 149 Indian Penal Code (for short "IPC") and accordingly sentenced. On a complaint received in the respondent department, the impugned order (Annexure P-2) on 10.01.2013 was passed apparently under Rule 2.2 (B) Punjab Civil Services Rules, Volume-II, whereby 33% cut in the pension was imposed from the date of the retirement i.e. 30.09.2011 and the excess recovery was ordered to be imposed from the pension.
(2.) I have heard both the counsel for the parties.
(3.) The factual position is not disputed. The petitioner took voluntary retirement effective from 30.09.2011. It also comes out that FIR No 114 dated 01.07.2007 was registered at Police Station Sultanwind, Amritsar, in which he was ultimately convicted under Section 323, 324, 148 and 149 IPC and sentenced to the maximum imprisonment of one year along with interest.;