- (1.) Heard.
(2.) The petitioner herein who is a retired Radio Inspector of the Police Radio Department, U.P. having retired from service on 31.7.2010 has filed this writ petition challenging an order dated 5.11.2015 passed by the Deputy Inspector General of Police (Telecommunication), U.P. Police Radio Headquarter, Lucknow rejecting his representation for release of gratuity and pension which had been temporarily withheld on account of pendency of a criminal trial under Section 304 I.P.C.
(3.) Facts of the case, in brief, are that the petitioner was appointed as Assistant Operator in the Police Radio Department and joined his services on 7.3.1972. He was promoted to the post of Radio Inspector in the year 2000. On 24.2.2007 an incident took place wherein service revolver of the petitioner was accidentally fired by his colleague Sewalal resulting in injuries to Satyadev Singh leading to his death. An F.I.R. was lodged by son of the deceased against Sewalal, which was registered as Case Crime No.535 of 2007 under Section 304-A I.P.C. and a chargesheet was submitted before the court against Sewalal. However, subsequently a chargesheet was also submitted against the petitioner whose service revolver had been fired accidentally by Sewalal. The criminal trial is still pending.;