- (1.) In this writ petition the petitioner has prayed for following relief:- (a) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities to give payment of Gratuity and other retiral benefits to the petitioner alongwith 12% interest. (b) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities to pay regular pension to the petitioner, and to direct the Respondent Authorities to pay arrear difference of the regular pension to the petitioner since 1.9.2008, alongwith 12% interest. (c) Issue, any other writ, order or direction, in favour of the petitioner, as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice or else, the petitioner shall suffer irreparably. (d) Award the cost of Petition to the petitioner. Facts of the Case
(2.) Petitioner has retired from the post of Chief Fire Officer in Civil Police on 31.8.2008. In the year 2006, he was posted as Chief Fire Officer, Meerut. In April, 2006, an exhibition in the name of "Brands India Consumer Show" was organized by the exhibitors at Victoria Park, District Meerut for which a Pandal was built at the Victoria Park. On 10.4.2006 at about 5.30 p.m. fire broke up in the Pandal of the exhibition when about 2000 persons were there. In this incident 64 persons were killed by fire and 161 persons received serious burn injuries. Vide office memorandum dated 21.8.2008 issued by the Home Secretary, the petitioner was placed under suspension and departmental proceeding was initiated against him. A judicial enquiry was also ordered and justice O.P. Garg was appointed as enquiry officer who submitted his report dated 5.6.2006 recommending to lodge criminal case against 8 officers of the State Government including the petitioner.
(3.) From the perusal of the F.I.R. filed as Annexure No. 3 to the writ petition, it appears that against the accused, including the petitioner F.I.R. was registered under Section 304, 427, 308, 406, 420, 201 I.P.C. and Sections 109, 54, 146 Electricity Act being case Crime No. 24/09.;