V.M.Sahai, J. - (1.) The question that arises for consideration in this petition is whether the pension, gratuity, etc. of the petitioner, a retired Assistant Account, of the Indian Institute of Technology (in brief TIT) could be withheld because a first information report was filed against him after his retirement.
(2.) The petitioner retired on 31.12.91. The respondents filed a F.I.R. on 12/13.1.92 against the petitioner and withheld his pension and gratuity, etc.. under Central Civil Services (Pension) Rules. 1972 (in brief Rules) applied to IIT by a resolution. Admittedly the FIR filed in 1992 has not resulted in any criminal proceeding against the petitioner. How far the F.I.R. was Justified and what were its contents need not be, gone into.
(3.) I have heard Miss Pratima Srivastava, holding brief of Shri N. K. Srivastava, learned counsel for the petitioner and Shri S. N. Verma, senior counsel assisted by Shri Sharad Verma, learned counsel for the respondents.;