SHYAM LAL KANAUJIA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was working as Sub Inspector in the Police Department. During tenure of his service career a criminal case was registered against the petitioner in which petitioner has been convicted by the learned Trial Court. On account of filing of the criminal case, he was placed under suspension and had retired from the service after attaining the age of superannuation on 30.4.2005 without initiation of any departmental proceedings. When his retiral dues including Gratuity was not paid, he preferred a Civil Misc Writ Petition No. 25431 of 2006 which was disposed of vide order dated 9.5.2006 with a direction to consider the claim of the petitioner expeditiously. In pursuance to the said direction, respondents have refused to release the gratuity vide order dated 13.8.2006 on the ground that a criminal trial is pending against the petitioner therefore, in view of the G.O. dated 28.10.1980 his gratuity could not be released. It is this order which is subject matter of challenge before this Court.

(2.) It is contended by learned counsel for the petitioner that the pensionary benefits including Gratuity, pension etc. of the petitioner is not being released without any rhymes or valid reasons as the petitioner had retired after attaining the age of superannuation on 30.4.2005 and till then neither the suspension of the petitioner has been revoked nor any inquiry was conducted against the petitioner.

(3.) Stand of the respondents is that the petitioner being convict of Sessions Trial N0. 329 of 1990, under Sections 147, 149/304, 323, 210 IPC will not be entitled to any pensionary benefits including Gratuity etc. However, he has been released his inerim pension to the tune of Rs. 7700/-.