PRASHANT KUMAR SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner by the instant petition seeks following reliefs:

(2.) Facts of the case are that the Petitioner has retired as an Executive Engineer from Municipal Corporation Bhilai, District Durg on 30/11/2021. However, his amount of gratuity of Rupees Twenty Lakhs has not been released by the Respondents and has been illegally withheld on the ground that one criminal proceeding/judicial proceeding is pending against the Petitioner. According to the pleadings of the Petitioner, during the service tenure, one First Information Report bearing Crime No.12/2000 was registered for offences punishable under Ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 against the Petitioner. However, the same has already been closed on 30/9/2022 by the competent Court upon acceptance of closure report of the prosecution. Vide the order/direction dtd. 24/7/2019, Respondent 5/Commissioner, Municipal Corporation, Bhilai issued a direction to the Station House Officer, Police Station Supela, Bhilai for registration of First Information Report against the Petitioner along with some other officials for the alleged violation of provisions of the Municipal Corporation Act. However, a petition, being Writ Petition (Criminal) No.588 of 2019 was filed by the Petitioner and vide order dtd. 6/8/2019 this Court in the said petition stayed the effect and operation of the memo dtd. 24/7/2019. Thus, as of now, no criminal proceeding is instituted or pending against the Petitioner and also no departmental inquiry has been instituted or pending against him. Therefore, the Petitioner deserves release of the amount of his gratuity of Rupees Twenty Lakhs.

(3.) Municipal Corporation Bhilai/Respondent 5 vide return to the writ petition has submitted that the matter was sent for pension and gratuity by the Joint Director, Regional Office to the Director, Raipur on 6/9/2022 and the case of the Petitioner regarding release of the gratuity has to be decided by the Director and on receiving sanction from the Director the same will be paid to the Petitioner.