LAL BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) BY the writ petition the petitioner seeks direction in the nature of mandamus commanding the respondents to pay the Pension, Gratuity, G.P.F. and other consequential benefits.

(2.) HEARD Smt. Anita Tripathi, learned advocate for the petitioner as well as Sri. S. S. Sharma, learned counsel for the State.

(3.) ACCORDING to para 4 of the first supplementary affidavit after the retirement, the petitioner has deposited entire papers and accordingly a 'no dues certificate' was issued to him but a first information report was lodged against him under Sections 467, 468 and 420, I.P.C. alleging therein that the jamabandi of 1397F., 1398F. and 1401 F, and some receipts relating to 1399F. and 1401F. had not been deposited by the petitioner. It has been contended in para 5 that the statements of Sri Raj Bahadur Lal, Nayab Tehsildar, Itwa, Sri Ram Kesh Chaudhary, Head Clerk, Tehsil Itwa and Sri Kamlesh Kumar Dwivedi, the Tehsildar were recorded and the Investigating Officer has come to the conclusion that no case under Sections 467, 468 and 420, I.P.C. as alleged has been made out against the petitioner, but a case under Section 409. I.P.C. was made out and a charge -sheet was filed on 2.11.1995 and accordingly the Police Report, a Criminal Case No. 602 of 1996 under Section 409, I.P.C. P. S. Trilokpur, district Siddharth Nagar was registered against the petitioner in reference to the Chief Judicial Magistrate, Siddharth Nagar which is still pending adjudication. It has also been indicated in para 8 of the supplementary -affidavit that until and unless the jamabandi and receipts are deposited, no fresh jamabandi/ receipts are issued to the official and even 'Audit' was conducted at a interval of six months to verify the same. According to the petitioner, he has been falsely implicated as asserted in second supplementary -affidavit dated 6.12.2001. According to paras 5 and 6 of the same, it has been submitted that provisional pension has also not been paid in derogation to the G.O. No. 3 -1679/Dus -80 -909 -76 (Vittya Samanya) dated 28.10.1980 (Annexure -1 to the second supplementary -affidavit). Perusal of para 2 of the above G.O. dated 28.10.1980 shall reveal : .........[vernacular ommited text]...........