BALDAU PRASAD SURYAVANSI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner in the present writ petition has claimed for appropriate direction to the respondents to pay pension, gratuity and other retiral dues with interest at the rate of 18% per annum. The petitioner has also claimed for benefit of full salary for the period of suspension between 02.01.2001 to 30.06.2016 i.e. the date of suspension and the date of retirement respectively.

(2.) Facts of the case is that the petitioner was initially appointed as Lower Division Clerk under the respondents wayback on 12.05.1977. He was during the course of time promoted to the post of Accountant in the year 1993. Meanwhile, the petitioner while working as an Accountant at Janpad Panchayat, Baloda was placed under suspension vide order dated 02.01.2001. Earlier the petitioner was issued with a charge-sheet on 18.05.1999 on the charge of misappropriation of government funds.

(3.) The contention of the petitioner is that charge-sheet was thereafter not proceeded further by the department and meanwhile an FIR was registered against the petitioner and he was subjected to criminal prosecution. The petitioner crossed the age of superannuation on 30.06.2016 while being under suspension. Criminal case initiated against the petitioner finally stood decided on 31.03.2018 whereby the petitioner stood acquitted from all the charges that were levelled against him. Though, the petitioner has been acquitted from the criminal case levelled against him till now he has not been paid any retiral benefits including pensionary benefits which the petitioner is entitled for.