PUNNULAL JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner, who is a retired Government employee, is aggrieved by the decision dated 8.9.2009 (Annexure P/6) of the Retiral Dues Committee, whereby the ac- tion of the concerned Department, withholding claim of the petitioner for full pension, gratuity and leave encashment etc., on account of pendency of a criminal case, has been upheld.

(2.) Learned counsel for the petitioner submits that the petitioner retired from the service upon attaining the age of superannuation w.e.f. 31st May, 2005. The petitioner has been subjected to criminal trial in an old case, which was instituted in the year 1999 and since then the trial is pending. The petitioner having retired long back, his retiral benefits cannot be withheld for indefinite time only because of pendency of the criminal case. Though, the petitioner is being paid 90% of the pension on the provisional basis, his pension case is not finalized. The benefits of leave encashment and gratuity have not been extended. Earlier, the petitioner had filed W.P. (S) No. 5712/2007, which was disposed of vide order dated 28.7.2009 (Annexure (P/5) referring the matter to the Committee. In accordance with the direction of this Court, the matter was examined by the Retiral Dues Committee and action of the Department, withholding retiral dues on account of pendency of criminal case is upheld. In these circumstances, the petitioner has again approached this Court with a prayer for a direction to the respondents to release the aforesaid benefits without awaiting the decision of the criminal case.

(3.) On the other hand, learned counsel for the State submits that the claim of the petitioner is devoid of merits at this stage. It was found that the criminal case is registered against the petitioner for the offence under Sections 408, 420, 467, 468, 471 and 120(B), 34 of the Indian Penal Code and the trial is pending before the J.M.F.C. Pendra Road. Therefore, on this ground the petitioner is not entitled to any benefits other than those which have already been paid to him viz. G.I.S. G.P.F. and Family Welfare Fund. He further submits that as and when the criminal case is decided, the concerned authority will take decision in accordance with the provisions contained in Rule 9 of the C. G. Civil Services (Pension) Rules, 1976.