- (1.) Heard Sri Satyadheer Singh Jadaun, learned counsel for the petitioner and Sri Ravi Shanker Prasad, learned Additional Chief Standing Counsel.
(2.) The petitioner was a Head Constable in the Civil Police, who attained superannuation on 31.07.2010. On 26.06.2010, the Superintendent of Police, Fatehpur directed for his payment of provisional pension for six months w.e.f. 01.08.2010 @ Rs.9325/- and computed gratuity of Rs.3,51,732/-, but withheld 10 % thereof, i.e., Rs. 39081/-. The petitioner protested on 05.10.2010 against withholding. As grievance was not redressed, he filed the instant petition claiming gratuity along with 6 % interest as also payment of full pension.
(3.) The respondents have justified the withholding of gratuity and full pension in view of pending Case Crime No. 77/2004 under Section 323, 504, 506, 427 IPC and 41/109 Cr P C, PS, Bundki, District Fatehpur and also on the strength of the Government Order dated 28.10.1980 against the petitioner.;