Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties. Perused the material available on record.
(2.) BY way of this writ petition, the petitioner seeks a direction to the respondents for releasing his pensionary benefits. The petitioner retired on 31.12.1997 as a Joint Director (Personnel), Education on attaining age of superannuation. It is alleged that at the time of the petitioner's superannuation, a criminal case was pending against him and thus he was not granted the benefit of full pension after his retirement and his gratuity amount was also withheld by the respondents. The petitioner represented to the authorities for releasing his terminal dues time and again but the respondents neither responded nor released the retiral dues of the petitioner other than the provisional pension. By now, nearly 17 years have passed but till date, the complete pensionary benefits of the petitioner have not been released upon which he has approached this Court by way of this writ petition assailing the action of the respondents in failing to release his terminal dues without any justification.
(3.) NOTICE of the writ petition was issued to the respondents on 17.12.2014 but till date no reply has been filed. On the previous date Mr. B.L. Bhati, learned G.C. orally informed the Court that the petitioner is arraigned as an accused in the F.I.R. No. 34/1996 registered at P.S. Jaisalmer wherein charge -sheet was filed by the police against one Mr. Sohan Lal for the offences under sections 409, 420, 467, 468 and 471 I.P.C. but the investigation was kept pending against the petitioner u/s. 173(8) Cr.P.C. He thus contends that since a criminal case involving offences of grave moral turpitude is pending investigation against the petitioner, he is not entitled to the terminal benefits other than the provisional pension as per Rule 90 of the Rajasthan Civil Services (Pension) Rules, 1996.;