IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5007/02 Om Prakash Verma vs. State & Ors. Date of order : 4/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ranvir Singh for the petitioner. Shri Hemant Gupta, Addl. Government Counsel for the State. ****** Petitioner Om Prakash Verma who has been retired upon attaining the age of superannuation on 30.4.1996 has approached this Court with the prayer that the respondents be directed to grant him full pension and other retiral benefits and make payment of his arrears of salary, leave encashment and arrears of selection grade. All these benefits were withheld because of a criminal case registered against the petitioner vide FIR dated 25.02.1992. This FIR was registered with the Police Station Nagar for offence under Section 306 IPC on allegation that he did not give the receipt of 300 bags of BHC powder and subsequently 151 bags out of those 300 bags were found missing. Shri Ranvir Singh, learned counsel for the petitioner submitted that initially the police after investigation submitted final report and concluded that there was no case made out against the petitioner. Subsequently, however, the Judicial Magistrate, Nagar by his order dated 10.2.1995 took cognizance against the petitioner on the basis of protest petition. The petitioner filed revision before the Additional District Judge, Deeg, which was allowed by order dated 28.9.2001. The petitioner was thereafter granted 75% provisional pension and some other benefits but the aforesaid benefits were not released. The petitioner has not been served with the charge sheet so far. The learned counsel referred to the correspondence which took place between the CMHO and the Directorate of the Medical Health to show that his case was recommended for grant of above referred to benefits but so far no action has been taken. Shri Hemant Gupta, learned Additional Government Counsel opposed the writ petition and submitted that even though the petitioner was granted 75% provisional pension but other benefits could not be released because so far the respondents have not received clearance from the Government. It was contended that respondents themselves have been pursing the matter with the Directorate of Medical Health who is required to issue the no objection certificate with regard to the fact that no disciplinary enquiry is pending against the petitioner but so far no such clearance has been received. On receipt of no objection certificate, the other benefits of the petitioner shall be released. The facts referred to above reveal that even the respondents do not contest the position that there was no other criminal case pending against the petitioner, nor he has been chargesheeted for any departmental enquiry. There is a formal requirement of issuance of NOC and the petitioner was discharged in the criminal case consequent upon the order passed by the Additional District Judge dated 28.9.2001. There is no justification why when as a matter of fact no departmental enquiry is pending against the petitioner, all his retiral dues and the benefit of selection scale have been withheld. The action of the respondents in withholding such benefits cannot at all be justified. In the result, this writ petition is allowed. The respondents are directed to grant the pending retiral dues of the petitioner including full pension and benefit of earned leave, selection grade and its arrears within a period of three months from the date copy of this judgement is produced before them together with interest @ 9% per annum. (MOHAMMAD RAFIQ), J. RS/