BRIJESH SINGH KUSHWAHA Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The grievance of the petitioner is that he has already attained the age of superannuation but as the leave to appeal against the order of his acquittal is pending against the petitioner in M.Cr.C. No.45106/2019, the petitioner has not been released the benefits of full pension, gratuity, leave encashment and other admissible retiral dues and the petitioner's period of suspension has still not been regularized despite the fact that he was acquitted on 31/7/2019. In support of this contention, Shri Patne has also relied upon various judgements passed by the coordinate bench and Division Bench of this Court in WP No.8658/2018 dtd. 02/07/2018 in the case of Babulal Jhad Vs. State of M.P. and others, W.A. No.120/2019 dtd. 30/04/2019 in the case of State of M.P. and others Vs. Babulal Jhaad and in the case of Ram Ratan Tiwari Vs. State of M.P. and others reported as 2002 (4) MPLJ 401 and in WP No.9904/2011 dtd. 06/11/2012 in the case of Riyaz Ahmad Sheikh Vs. State of M.P. and others. The copies of the same have also been placed on record.

(3.) Counsel for the respondents/State has opposed the prayer, however, it is submitted that as a leave to appeal is still pending in the High Court against the order of the acquittal of the petitioner, pension, gratuity and other retiral benefits have been rightly withheld by the respondents.