Punjab and Haryana high court on Wednesday issued notice of motion to former Haryana DGP SPS Rathore for July 3 after the Union government moved a petition to challenge the December 8, 2011, order of Chandigarh bench of Central Administrative Tribunal (CAT) that invalidated the Centre's orders to withhold his pension.
The Centre's petition came up for hearing before a division bench headed by justice SK Mittal.
After Rathore's conviction in a case relating to molestation of Ruchika Girhotra, on Union Public Service Commission's advice, the ministry of home affairs had passed the orders on June 23, 2010, to withhold Rathore's full pension.
When Rathore approached the CAT, the court headed by justice SD Anand had said, "The competent authority could not have validly directed the withholding of pension on permanent basis."
The Centre asserted before the high court on Wednesday that though Rathore had approached the apex court challenging his conviction by the trial court which was later upheld by the Punjab and Haryana high court, it was not supposed to await the final decision of the Supreme Court to withhold his pension.
It was submitted that in case apex court passed orders in favour of Rathore, the government would definitely restore his pension.
Rathore was granted bail by the Supreme Court on November 11, 2010, after spending close to six months in Burail jail while serving a sentence of 18 months for molesting Ruchika, a 14-year-old budding tennis player in August 1990. Later, Ruchika had committed suicide by consuming poison.