M. Katju, J. - (1.) The petitioner was appointed as Sub-Deputy Inspector of Schools on 1.7.61. He was promoted as Additional Deputy Inspector of Schools in September, 1979 and in 1982 he was given charge of Deputy Inspector of Schools. He worked on several posts thereafter and ultimately he retired on 31.7.87 on the post of Deputy Secretary, Madhyamik Shiksha Parishad Allahabad. The petitioner has alleged in para 3 of the petition that no disciplinary proceedings have been initiated against him while in service but after his retirement the petitioner was served with a charge-sheet dated 30.6.88 Annexure 2 to the petition). The petitioner sent a reply to the charge-sheet vide Annexure 3. Thereafter he claims that no enquiry was held in the matter but the State Government passed an order dated 9.9.87 directing the respondent No. 2 to withhold the payment of the petitioner's pension and gratuity. True copy of the order dated 9.9.87 is Annexure 5 to the petition. On the basis of the order dated 9.9.87 the payment of final pension and gratuity was withheld and by order dated 31.4.88 the payment of provisional pension at the rate of Rs. 954 per month was sanctioned. The petitioner claims that he is entitled to full pension gratuity C.P.F. etc.
(2.) A counter affidavit has been filed in this case. In this counter affidavit it has been stated in para 3 that some embezzlement of Rs. 90,200/- appears to have been committed, and a preliminary enquiry was conducted by the Regional Deputy Director of Education, Varanasi in which the petitioner was found responsible for the embezzlement. Thereafter charge-sheet was served on the petitioner. In para 8 of the counter affidavit it has been stated that the charges were proved against the petitioner and the enquiry report has been sent to the Government for decision. In para 15 of the counter affidavit it has been stated that so long as the decision of the Government is not received, payment of final pension and gratuity of the petitioner will be withheld.
(3.) On the facts of the case I am disposing of this writ petition with a direction to the Government to pass final orders in the disciplinary proceedings which has been held against the petitioner within a month of production of a certified copy of this order. If the petitioner is found innocent then his final pension and gratuity will be released along with interest of 12%. If, however, the petitioner is held to be guilty of embezzlement then suitable action regarding pension provident fund etc. of the petitioner will be taken in accordance with the relevant Rules within one month of the order of the State Government in the disciplinary proceeding.;