MAHESH CHANDRA SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:-

(2.) The basic issue before this Court is 'Whether because of pendency of proceedings of a criminal case in regard to the offences under Ss. 498A and 406 IPC and Ss. 4 and 6 of the Dowry Prohibition Act, 1961, the retiral benefits including gratuity and pension can be withheld by the authorities more particularly in a case when no departmental proceeding is pending against an employee ?'.

(3.) The factual matrix of the case is that the petitioner was initially appointed on the post of Male Nurse Grade-II on 17/1/1985 and he joined the duty on the very same day in the office of Chief Medical and Health Officer, Sikar. On the basis of recommendations of the Departmental Promotion Committee (for short 'the DPC') constituted in exercise of the provisions given under the Rules, the petitioner was promoted on the post of Male Nurse Grade-I vide order dtd. 12/8/2008. On attaining the age of superannuation, the petitioner was retired from the service vide order dtd. 22/3/2023 w.e.f. 31/8/2023.