- (1.) This Special Appeal filed by State of UP is directed against the judgment of learned Single Judge dated 11.12.2013 by which he has allowed the writ petition and quashed the order dated 26.11.2013 withholding the retiral benefits payable to the petitioner-respondent except provisional pension, and provident fund on the ground that the State Government does not have authority to withhold the retiral benefits on the pendency of the judicial proceedings against a government servant, who has superannuated, unless there is any allegation of loss to the government and there is any recovery to be made from the petitioner.
(2.) The Special Appeal is reported to be delayed by 102 days. We have examined the grounds for condonation of delay, which has not been seriously opposed. The grounds relate to delay in getting sanction from the State Government in filing the appeal. The delay in our opinion has been sufficiently explained and is accordingly condoned. The Special Appeal will be given regular number.
(3.) We have heard Shri A.K. Roy, learned Standing Counsel appearing for the State of UP. Shri A.N. Rai appears for the petitioner-respondent.;