- (1.) Heard learned counsel for the petitioner and Sri V.C. Dixit appearing for the respondents.
(2.) The writ petition was filed by Kishan Pal Pathak employee of the Uttar Pradesh Road Transport Corporation challenging the order dated 5.3.2009 passed by the Assistant Regional Manager, Hathras, making deductions from the gratuity. During the pendency of the writ petition Kishan Lal Pathak died and his legal heirs have been brought on record. For the sake of convenience, the deceased is being referred to as the "petitioner".
(3.) The petitioner had joined the corporation on 1.7.1970 and on 1.4.1983 was made permanent and retired on attaining the age of superannuation on 30.6.2008. Prior to his retirement, a first information report was lodged against several persons including the petitioner on 5.10.2007 and a parallel disciplinary proceeding was initiated, a charge-sheet was issued on 15.1.2008, the petitioner submitted his reply on 12.6.2008 and during the pendency of the criminal proceedings as well as disciplinary proceedings, the petitioner superannuated on 30.6.2008 and after superannuation, the order dated 6.2.2009 was passed to culminate the disciplinary proceedings and to recover Rs. 37,274/- from the gratuity for causing loss to the property of the corporation.;