Yashwant Varma, J. - (1.) Heard learned counsel for the petitioner and Shri Piyush Shukla, learned standing counsel for the State - respondents.
(2.) This petition challenges an order dated 6 May, 2015, pursuant to which a provisional pension has been fixed in relation to the petitioner and the gratuity and other emoluments withheld on account of a criminal trial, in which the petitioner is arraigned as an accused. The criminal trial alleges commission of offences under sections 418, 420, 409, 467, 468, 471 & 120-B IPC and Prevention of Corruption Act, 1988.
(3.) The petitioner retired from the service of the respondents on 30 April 2006. On 13 September, 2011, a decision is stated to have been taken, five years after his retirement, for initiation of disciplinary proceedings with reference to Regulation 351-A of the Civil Services Regulations, as applicable in the State of Uttar Pradesh. The aforesaid order was assailed by the petitioner by means of Writ A No. 36303 of 2012. The petition was allowed by a Division Bench of this Court on 17 July, 2014 in the following terms: - "The specific averments made in Paragraphs 13, 14 and 15 of the writ petition regarding absence of sanction by the Governor and the bar of four years, referred in Article 351-A have not been specifically denied. No material has been placed before us to show any sanction for the proceedings by the Governor. The impugned order do not refer to such sanction. Admittedly, proceedings against the petitioner were initiated after five years of his retirement. In view of this admitted factual position, the impugned order dated 13.09.2011 cannot be sustained in the light of the provisions contained in Article 351-A. In view of the above, the order dated 13.09.2011 is quashed. It is, however, made clear that the criminal proceedings pending in the concerned court shall not be adversely affected in any manner by this judgment. As the petitioner contends that he has not been paid his retirement benefits on account of passing of the impugned order, it is provided that the petitioner may submit a representation to the competent authority, in this regard, within a period of one month. In that eventuality, the said authority shall consider and dispose of the matter pertaining to the post retirement benefits of the petitioner within a period of two months thereafter, as per law. The writ petition is accordingly allowed.";