Court No. - 43
Case :- WRIT - A No. - 3962 of 2019 Petitioner :- Vineet Kumar Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashish Dwivedi Counsel for Respondent :- C.S.C.,Ateeq Ahmad Khan
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.4.2019:-
"Petitioner has superannuated on 31st July, 2018. He is aggrieved by an order of the Corporation, whereby decision to release gratuity and leave encashment have been deferred on the ground that a charge-sheet has been filed against the petitioner in criminal case instituted by certain private individuals. Learned counsel for the petitioner submits that twice final report was submitted in the matter, whereafter the criminal court has proceeded on the basis of a protest petition filed by the complainant.
The first information report lodged against the petitioner is of the year 2003. It is alleged that an enquiry had otherwise been conducted in the matter against which an objection was raised by the petitioner and no order of punishment was passed against the petitioner while he was in service. It is submitted that once the contract of service has come to an end with petitioner having retired on 31st July, 2018, it would not be open for the respondents to withhold his retiral benefits. It is also submitted that under the applicable Staff Regulations, there is no provision whereunder any enquiry could be initiated or pursued after the retirement of the employee concerned.
Though time was granted to the respondents to answer these aspects and a counter affidavit has been filed, but there is no satisfactory reply to these aspects of the matter.
Let the Managing Director of the respondent Corporation examine these aspects of the matter and file his personal affidavit justifying his action by the next date fixed.
Post as fresh on 30.4.2019."
Sri Ateeq Ahmad Khan appearing for the respondent has filed an affidavit of Managing Director annexing therewith an order dated 27.4.2019, whereby petitioner's claim has been substantially accepted and a direction has been issued to release the amount due and payable to the petitioner.
In view of the stand so taken by the respondent, no further grievance survives. Accordingly, this petition stands disposed of with an observation that in terms of order passed on 27.4.2019, all amount due and payable to the petitioner, would be released to him within a period of two months from the date of presentation of a certified copy of this order.
Order Date :- 30.4.2019 Ranjeet Sahu