VIJAI NARAIN BAJPAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr Amit Bose, learned Counsel for the appellant and Mr Badrul Hasan, learned Additional Chief Standing Counsel for the State.

(2.) Vijay Narain Bajpai-appellant is before this Court assailing the validity of the judgment and order dated 28.5.2012 passed by the learned Single Judge in Writ Petition No. 5763 of 2000 whereby the learned Single Judge while observing that final pension of the appellant cannot be determined as a criminal case is pending against him and he is already getting the provisional pension, disposed of the writ petition with liberty to the appellant to file fresh petition after having the final judgment in the criminal case.

(3.) According to the learned Counsel for the appellant, the appellant while working on the post of Sub Inspector, Civil Police attained the age of superannuation in the afternoon of 31.10.2004. However, on account of pendency of criminal case under Section 342/218/220 IPC read with 120-B IPC in the Court, the appellant is being denied final pension causing serious prejudice to him. It has further been submitted that the trial in connection with the aforesaid case has not yet commenced and no proceedings have taken place beyond the submission of the charge-sheet before the competent court of law.