B SHANKAR Vs. DIVISIONAL FOREST OFFICER MANGALORE

JUDGEMENT

(1.) The petitioner, a retired Forester of the Forest Department of the State Government, has prayed for the issue of a writ of mandamus directing the respondents to release the death-cum-retirement gratuity amount due to him in accordance with the provisions of the Karnataka Civil Services Rules.

(2.) The facts of the case are as follows : The petitioner was serving as a Forester. He retired from service on 2-3-1979. Prior to his retirement there was a criminal prosecution launched against him for an offence of theft of 169 standing trees. By an order made by the Addl. Munsiff and J.M.F.C I Class, Puttur, D.K. on 9-2-1978, the petitioner was acquitted of the charge. His pension has been quantified and the same has been paid in accordance with the rules. However, regarding the gratuity amount due to him and also about the refund of security amount deposited by him, a communication dated 30-4-1980 was given to him, which reads as follows:

(3.) The relevant portion of the statement of objections in which the withholding of the amount of D.C. R.G. and Security Deposit is sought to be justified reads as follows :