- (1.) HEARD Sri K.C. Vishwakarma, learned counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner has retired on 31.1.2008 from the post of Sub -Inspector in U.P. Police. He was convicted under Section 376 I.P.C. by judgment and order dated 22.5.2012 passed by Additional Session Judge, Court No. 2, Ambedkar Nagar and was sent to jail. In the criminal appeal, the petitioner was released on bail on 21.11.2012. The dispute raised in the present writ petition is that 10% gratuity and other retiral dues namely G.P.F. etc., have not been paid to the petitioner on account of pendency of the criminal case.
(3.) SUBMISSION is that mere implication of the petitioner in the criminal case under Section 376 I.P.C. is not a ground for withholding the post retiral dues of the petitioner as the judgment of the trial Court is subject to scrutiny of the appellate court. Moreover, even if the petitioner is found guilty in the criminal case the same will not entail any pecuniary loss for the alleged conduct of the petitioner and hence there was no reason to withhold the retiral dues. Learned counsel for the petitioner has tried to interpret Regulation 351 -A of Civil Service Regulations in a manner that only in case where pecuniary loss is caused to the Government or where the pending departmental or judiciary proceedings would end up holding the petitioner guilty of causing pecuniary loss to the Government, the retiral dues can be withheld. As the proceedings pending against the petitioner in no way would quantify any pecuniary loss, respondent cannot be permitted to withhold the gratuity and the other retiral dues.;