Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner praying for quashing of the orders dated 11.04.2014 and 22.04.2014 passed by the Senior Superintendent of Police, Ghaziabad; with a further prayer for issuance of mandamus restraining the respondents from deducting Rs. 2,63,026/- (Rupees two lac sixty three thousand and twenty six) from the gratuity amount of the petitioner.
(2.) The case of the petitioner as argued by his counsel Mr Pradeep Verma before this Court is that initially the petitioner had filed Writ Petition No. 67800 of 2013 for payment of withheld gratuity and the same was allowed on 11.12.2013 by this Court with an observation that gratuity of the petitioner could not be withheld during the pendency of the criminal case and retiral benefits of the petitioner had to be released to him forthwith. Since the respondents did not comply with the orders passed by the Court, the petitioner filed Contempt Petition No. 2182 of 2014, in which notices were issued to the respondents, and thereafter, the order passed by this Court was complied with, but at the same time the Authorities got annoyed with the petitioner and as a repremand to him passed the impugned orders dated 11.04.2014 and 22.04.2014 directing for recovery of Rs. 2,63,026/- (Rupees two lac sixty three thousand and twenty six) from his gratuity on the allegation that such amount was paid in excess because the petitioner was given the IIIrd ACP wrongly after completion of 26 years of service.
(3.) It is the case of the petitioner that the authorities knew very well that Criminal Case No. 20 of 1999, under section 119, 120-B, 196, 217, 218, 285 and 471 IPC was pending against the petitioner and it was not as if the petitioner had suppressed such information from the Authorities for claiming IIIrd ACP. As such, the IIIrd ACP was given to him on 11.11.2011 by taking into account the satisfactory service rendered by him and Grade Pay of Rs. 6600/- that was granted to him could not be reduced arbitrarily and without even issuing a show cause notice to the petitioner.;