High CourtsSingle Bench(2011) 08 SHI CK 0189

Shri Amar Nath Gautam vs State of H.P. and Another

High Court Of Himachal Pradesh · Decided on 2 August 2011

HON’BLE JUDGES
Surinder Singh, J
CASE NUMBER
CWP No. 3330 of 2009

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Judgment

5 paragraphs · 265 words

Surinder Singh, J.—By means of present petition, the Petitioner has sought mandamus for the release of the Death-cum- Retirement Gratuity (DCRG) with effect from the due date along with interest.

2.

On 27.3.1963, the Petitioner was appointed as Extension Officer in the Industries Department of Respondent No. 1. He was promoted and ultimately retired on 30.6.1998 as Block Development Officer (BDO), but on his retirement DCRG was not released in his favor because of registration of two FIRs, i.e., FIR No. 12 of 1996 dated 22.11.1996 and FIR No. 6 of 1998 dated 26.11.1998. Respondent No. 1 admits that FIR No. 12 of 1996 was closed by the Vigilance Department, whereas in other FIR No. 6 of 1998 registered under Sections 409, 420, 465, 468, 471 and 120B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, the Petitioner was acquitted, but State challenged his acquittal by filing Criminal Appeal No. 758 of 2008 in the High Court on 20.11.2008. Since the matter was pending adjudication, DCRG of the Petitioner was withheld.

3.

The Petitioner has produced the certified copy of judgment passed in Cr. Appeal No. 578 of 2008 whereby he stands acquitted vide its decision dated 6.4.2011 passed by the Division Bench of this Court. In view of subsequent development, the Respondents are hereby directed to release the DCRG of the Petitioner within a period of two months with the admissible interest, if any.

4.

The petition stands disposed of.

5.

In view of the disposal of the main petition all pending applications also shall stand disposed of.