Barkat Ali Zaidi, J. - (1.) The petitioner is a Development Officer at Allahabad and he retired on 1.4.2003 under Voluntary Retirement Scheme (VRS in short). Subsequently, his G.P.F., Leave Encashment and other benefits were , however, withheld on the ground that the disciplinary proceeding were in progress against him, in connection with having caused a loss of Rs. 35,27,650/- to company.
(2.) The contention of the petitioner is that the company can not withhold his gratuity, Ex-gratia, payment for pension and amount of Leave Encashment which should have been paid to him to him between 45 days from 1.4.2005, when he was retired from the service after deducting residuary Amounts of his Loan and Advances because he retired under the VRS Scheme. Even during departmental proceedings, the provisional pension must be paid to him, and loss, if any, if found to be caused due to him, it can only be deducted from his pensionary benefits, and his Ex-gratia, Gratuity, G.P.F. and amount of Leave Encashment cannot be made it's subject.
(3.) We have heard Sri Mool Behari Saxena, learned Counsel for the petitioner and Sri Parmatma Rai learned Counsel appearing for the respondents.;