RADHEY SHYAM CHAUBEY Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) The petitioner retired on 312.2007 as District Judge. At the time of retirement no disciplinary action was pending against him On 5.2.2008, subsequent to his retirement a first information report was lodged at Police Station Kavi Nagar, Ghaziabad under Sections 409, 420, 467, 468, 471, 477-A, 120-B Penal Code and Sec. 13(1) and 13(2) of the Prevention of Corruption Act which was registered at Case Crime No.152 of 2008.

(2.) In view of the aforesaid criminal case only 90% of his gratuity amounting to Rs. 3.15 lacs out of total Rs. 3.5 lacs was released in his favour on 6.1.2012 on completion of necessary formalities.

(3.) The Government Order dated 4th Nov., 2010, issued on the basis of the Justice E. Padmanabhan Committee report dated 17.7.2009 which was accepted by the Supreme Court vide its orders dated 19.07.2010, 29.07.2010 and 2.08.2010 the State Government provided that all judicial officers retiring on 1.1.2006 or thereafter would be entitle to gratuity/death cum retirement gratuity of Rs. 10 lacs.