NARENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rashtrapati Khare, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) FACTS of the present case in brief are that the petitioner was serving as Sub Inspector in the Department of Uttar Pradesh Police and had retired on 31.1.2006. Allegations are that on 5.2.1997 when the petitioner was working as Sub Inspector at Police Station Lanka, district Varanasi, one Rajendra Prasad committed suicide in the room of the Police Out Post Sundarpur, P.S. Lanka, district Varanasi by hanging himself. Subsequently, on account of interference of Human Rights Commission, the FIR was registered against several police personnels including the petitioner and matter was referred to CBCID for inquiry. The CBCID, after inquiry submitted its report on 15.12.1999, which is annexure 1 to the petition, wherein the petitioner was found prima facie guilty of the offences u/s 304/ 342/34/201/218 IPC along with other persons and filing of the charge sheet was recommended. The petitioner was placed under suspension, which was stayed by this court in a Writ Petition No. 20838 of 2000 on the ground that competent authority has not passed the suspension order. Subsequently, charge sheet dated 4.10.2004 was filed against two persons namely Dr. K.K. Jain and Kavindra Narayan Singh, against whom permission to prosecute was received. There is no dispute about the fact that subsequently charge sheet had been filed against the petitioner also and criminal case is pending against him

(3.) THE aforesaid order dated 1.9.2005 was challenged by means of present writ petition on the ground that no charge sheet has been filed against the petitioner and as such respondents have no right and jurisdiction to withhold the pensionary benefits of the petitioner. However, this ground no longer is available in view of the fact that the charge sheet has been filed against the petitioner and the criminal case / judicial proceedings are pending against the petitioner.