ARUN TANDON,J - (1.) This intra Court appeal is directed against the judgment and order of the learned Single Judge dated 26.9.2013 passed in Writ-A 234 of 2013.
(2.) The facts relevant for deciding the appeal are as under: Petitioner who was employed as a Platoon Commander in P.A.C. 42 Bn. Naini, Allahabad retired on attaining the age of superannuation on 31.10.2013, prior his retirement, an order was made by the Commandant, 42 Bn P.A.C. Naini Allahabad dated 22.10.2012, wherein the gratuity payable to the petitioner was withheld because of the pendency of a criminal case being Case Crime No. 2038 of 2004 under Sections 451, 453, 120-B IPC and section 13 of the Unlawful Activities (Prevention) Act, 1967.
(3.) This order of withholding the gratuity was subjected to challenge by means of the writ petition No. 234 of 2013. The writ Court after considering the Division Bench in the case of State of U.P. v. Jai Prakash 2014 (1) ADJ 207 (DB) , has come to the conclusion that there is a provision for withholding the gratuity under the Regulations 351, 351-A and 351-AA as well as Regulation 919-A of the Civil Service Regulation which are admittedly applicable in the case of the petitioner.;