MOHAMMAD MAJHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) To assail correctness of the order impugned dated 18.11.2019 passed by the respondent no.3-Superintendent of Police, Maharajganj, whereby regular pension and gratuity of the petitioner has been stopped by taking plea that a criminal case being No.767A/2014, under Sections 147, 323, 504, 506, 307, 352 and 392 I.P.C., Police Station Jataha Bazar, District Kushinagar, which is still pending against him, the instant writ petition has been filed.

(2.) Briefly, the facts of the present case are that on 01.11.1978 initially the petitioner was appointed as a Constable in the Police Department. In the year 2014, after completion of 36 years of his service, he was promoted on the post of Naib Daroga at Police Station Jataha Bazar, District Kushinagar. During the aforesaid period, the petitioner was doing his service in the Department with full ability, sincerity, honesty and his career was unblemished in whole service period and his work and conduct was found satisfactory by the higher authority. It is alleged that on 21.11.2014, the then Station House Officer, Police Station Jataha, District Kushinagar lodged a first information report against 18 named persons being Case Crime No.767 of 2014, under Sections 147, 148, 149, 307, 395, 397, 333, 353, 189, 323, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act. Thereafter, on 27.11.2014, as a counter blast to the above said first information report, a cross first information report was lodged by one Laxmi Yadav against the petitioner and 4 others, which has been registered as Case Crime No.767A of 2014, under Sections 147, 307, 352, 392, 323, 504 and 506 I.P.C., Police Station Jataha Bazar, District Kushinagar. On 30.12.2018, the investigating officer submitted final report against the petitioner. On 16.09.2019, Laxmi Yadav has filed a protest petition before the Court of Judicial Magistrate, Kushinagar at Padrauna against the said final report dated 30.12.2018. In the meantime, the petitioner was promoted as Sub Inspector at District Maharajganj. On 04.07.2019, a letter was sent by the Superintendent of Police, Maharajganj to the Prabhari Nirikshak Kotwali, District Maharajganj with the information that the petitioner is going to be superannuated on 31.12.2019. On 31.12.2019, the petitioner retired from the post of Sub Inspector. On 18.11.2019, an order has been passed by the Superintendent of Police, Maharajganj to provide pension and other retrial benefits to the petitioner.

(3.) On the same day i.e. on 18.11.2019, the respondent no.3- Superintendent of Police, Maharajganj has passed the impugned order, whereby the regular pension and gratuity of the petitioner has been stopped due to pendency of criminal case being Case Crime No.767A/2014 under the above mentioned sections, hence, this writ petition.