Sanjay Harkauli, J. - (1.) The present special appeal has been filed against the order dated 17.05.2016 passed by the learned Single Judge in Writ Petition No. 1105 of 2014 (S/S). By the impugned order, the learned Single Judge has dismissed the writ petition thereby rejecting the claim of the petitioner for interest claimed on account of withholding retiral benefits of the petitioner on the ground of a criminal trial pending against him.
(2.) Brief facts of the case are that the petitioner had filed a writ petition stating therein that in the year, 2000 while the petitioner was posted as Head Constable in the State Police, a First Information Report was lodged against him under Section 364 I.P.C. at Police Station Sandana, District Sitapur on 07.11.2000 (Annexure no. 2 to the writ petition). After investigation, a chargesheet was submitted against the petitioner under Sections 364/302/201 I.P.C. (Annexure no. 3 to the writ petition). The petitioner while being tried in the said criminal case, retired on 31.08.2011 from the police force. Upon retirement, the petitioner approached the authorities concerned for releasing his retiral benefits. In spite of petitioner having completed all due formalities for the said purpose, his retiral benefits were withheld on the sole ground of the aforesaid criminal case pending against him. The criminal case aforesaid, being Sessions Trial No. 823 of 2010 resulted in acquittal vide judgment and order dated 11.09.2015 by Special Judge (E.C. Act), Sitapur (Annexure no. 4 to the writ petition). Thereafter, the petitioner though paid the retiral benefits yet he was denied interest thereon which according to the petitioner was due to him from the date of his retirement.
(3.) The respondents contested the claim of the petitioner on two counts, firstly, that the order of withholding the retiral dues has been passed as per Para 351-AA and 919-A of the Civil Service Regulations, and secondly on the ground that the acquittal of the petitioner in the criminal case pending against him was not an honourable acquittal but an acquittal on technical grounds.;