- (1.) The petitioner, who is a retired Junior Engineer from Punjab State Electricity Board (now Punjab State Power Corporation Limited), has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing the impugned order dated 24.9.2007 (Annexure-P-4), passed by respondent No. 3, vide which the period during which the petitioner remained dismissed from service on account of his conviction in a criminal case for offence punishable under the provisions of Prevention of Corruption Act, 1988, from 12.2.1996 to 23.3.2004, the dismissal period was ordered to be treated as leave of kind due. Further, writ of mandamus is sought, directing the respondents to consider the said period as a period on duty and grant all the consequential benefits including the retiral benefits.
(2.) The petitioner was working as a Junior Engineer with the Punjab State Electricity Board, now taken over by the Punjab State Power Corporation Limited (in short 'PSPCL'), at Rural Sub Division, Gidderbaha. On 24.6.1992, FIR No. 42 dated 24.6.1992 was registered at Police Station Gidderbaha, under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988. The petitioner was accordingly arrested. He was placed under suspension retrospectively with effect from 24.6.1992, vide order dated 26.6.1992, passed by the Executive Engineer, Gidderbaha.
(3.) Subsequently, on 24.12.1992, his suspension was revoked and thereafter he continued to work in the department. On 4.5.1994, the petitioner was convicted under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988 by the learned Special Judge, Faridkot, and was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default thereof, to further undergo rigorous imprisonment for there months. The petitioner preferred a criminal appeal before this Court bearing CRA-272-SB-1994. On 31.1.1996, the respondents, on the basis of conviction of the petitioner in the said corruption case, dismissed him from service and he was relieved from service with the effect from 11.2.1996.;