LAWS(MPH)-2019-11-14

S.G. SHARMA Vs. STATE OF MADHYA PRADESH

Decided On November 05, 2019
S.G. Sharma Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The case of the petitioner is that he has retired from the post of Professor on 31.07.2005, but the gratuity amount has not been paid till now.

(2.) Learned counsel appearing for the petitioner has fairly stated before this Court that criminal case under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B and 409 of IPC is pending against the petitioner. He has placed reliance upon the order of the Co-ordinate Bench dated 30.04.2019 passed in W.P.No.14706/2018 in the case of (Sohanlal Pal Vs. State of M.P. and others) and has submitted that even if the criminal case is registered against the petitioner, he is entitled to release of 50% of the gratuity amount.

(3.) The Co-ordinate Bench in the case of Sohanlal Pal (Supra) considering the Rule 64 of the M.P.Civil Services (Pension) Rules, 1976 has held has under:-