GULAB SINGH Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for the State. By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 6.2.2002 (Annexure No. 2 to the writ petition), by which gratuity of the petitioner was not paid and only interim pension was issued.

(2.) LEARNED Counsel for the petitioner states that petitioner was working as constable in civil police. During the tenure of service career a criminal case No. 107/90 under sections 147, 302, 201, I.P.C., Police Station, Bairiya, District Ballia, was registered and the said case is reported to be pending against the petitioner and meanwhile petitioner was retired on 29.2.2000 and as per the record, there was no departmental proceeding against the petitioner. When the petitioner has not been paid gratuity and other retiral dues had filed Civil Misc. Writ Petition No. 39938 of 2001. The said writ petition was disposed of by this Court vide order dated 3.12.2001 directing the answering respondent to decide the claim of the petitioner strictly in accordance to the law.

(3.) WHILE examining the import of the aforesaid section, it contemplates the following conditions on which Gratuity can be withheld (a) if the order of termination is based upon any act, wilful omission or negligence causing any damage or loss to the property belonging to the employer; (b) if the services of an employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; (c) if the employee is found guilty of moral turpitude provided that said offence has been committed during tenure of his service career. These are the only conditions which empowers the respondents to withhold the Gratuity of the petitioner.