- (1.) HEARD learned counsel for the petitioner and learned Standing Counsel.
(2.) BY means of the present writ petition, the petitioner is challenging the order dated 07.01.2013 passed by the Inspector General of Police, Department of Intelligence, by which interim pension of the petitioner has been allowed to the extent of Rs.15,010/ - on the ground that in a criminal case, charge sheet has been submitted against the petitioner, which is pending before the Court. Brief facts of the case are that the petitioner retired on 31.07.2012 from the post of Deputy Superintendent of Police. It appears that when the petitioner was posted as Inspector at Mainpuri in 2001, a first information report has been lodged by one Sri Bharat Singh Chauhan against Updesh Singh Chauhan and Prempal Singh. The charge -sheet was submitted and the investigation has been transferred to the C.B.(C.I.D). In the enquiry proceedings, the C.B. (C.I.D) found that the petitioner did not take any preventive measures, rather in collusion with Updesh Singh Chauhan, intended to get the house occupied/grabbed. For such charges, charge -sheet has been submitted against the petitioner. The petitioner filed Criminal Misc. Application under Section 482 Cr.P.C. being No.10149 of 2009, Narendra Kumar Singh Vs. State of U.P. and another before this Court. This Court vide order dated 06.05.2009 after recording the reasons, passed an interim order that no coercive action shall be taken against the applicant. According to the petitioner, the aforesaid Criminal Misc. Application, under Section 482 Cr.P.C. is pending. It appears that on the basis of the charge -sheet filed by C.B.(C.I.D) in the enquiry report, a departmental proceedings has been initiated against the petitioner and vide order dated 03.06.2003 passed by Superintendent of Police, Mainpuri , the integrity of the petitioner has been withheld. Against the said order, the petitioner filed appeal before the D.I.G., Agra, which has been allowed and the integrity has been certified. However, it has been observed that
(3.) AFTER the decision in the criminal case, it will be open to the department to initiate a fresh proceeding.;