C.W.P. No. 12151 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12151 of 2009 DATE OF DECISION: December 14, 2009 Joginder Kaur .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. A.K. Walia, Advocate, for the petitioner. Mr. B.S. Chahal, DAG, Punjab. AJAI LAMBA, J. (ORAL) 1. This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing respondents to release family pension and other terminal benefits in favour of the petitioner. 2. It has been contended by learned counsel for the petitioner that Sh. Joginder Singh, husband of the petitioner was serving the respondents as Constable in Punjab Police. He rendered 25 years of qualifying service and died on 29.07.2007 while still in service. Petitioner is the widow and is entitled to all the retiral benefits. The benefits, however, are not being released on the ground that Joginder Singh was involved in criminal case being FIR No. 332 dated 02.07.2003 under Sections 342, 325, 323 and 34 C.W.P. No. 12151 of 2009 2 IPC, P.S. Kotwali, Bathinda alongwith other accused who are also police officials. It has been contended that on the death of an accused/suspect, criminal proceedings automatically abate and, therefore, the respondents cannot withhold family pension etc. in lieu of service rendered by deceased husband of the petitioner. 3. Learned counsel for the respondent contends that having investigated the matter, no incriminating material has been found against the petitioner and others. A cancellation report has been prepared and filed in Court. The same, however, has not yet been accepted and the matter is to come up before the Trial Magistrate for consideration on 19.12.2009. 4. This petition is disposed of with directions to respondents to consider the case of the petitioner for release of family pension and other terminal benefits while taking into account the legal implication of the death of the petitioner during pendency of the proceedings and also while taking into account the stand of the prosecution to the effect that no incriminating material could be collected thereby recommending the criminal case for cancellation. Appropriate orders be passed within a period of four months of receipt of certified copy of the order. 14.12.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?