IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10189 of 2005 RAJ KISHOR MAURYA Versus THE UNION OF INDIA & ORS ----------- 4. 05.4.2010. Heard Mr. Devi Das Srivastava learned counsel for the petitioner, Mr. Manoj Kumar Jha, learned Assisting Counsel to Mr. Prabhakar Tekriwal, learned counsel representing the Food corporation of India. The petitioner superannuated from the post of Assistant Manager in the Food Corporation of India, Regional Office, Patna with effect from 31.5.2004. Although after his retirement, his G.P.F. amount was paid to him by the respondent Corporation, but they withheld the gratuity and leave encashment amounts on pretext of pending criminal case arising out from Tekari P.S.Case No.01 of 1980 instituted by reason of fire in the Panchanand depot of the Corporation resulting in huge loss to it. This fact has been admitted by the respondent Corporation in their - 2 - counter affidavit that although C.P.F. amount of RS.11,50,959/ has been paid to the petitioner vide cheque dated 11.5.2005, the amounts of gratuity and leave encashment have been withheld due to the pending criminal case. Learned counsel for the petitioner has filed a supplementary affidavit bringing on record a photo copy of the judgment dated 16.9.2008 rendered in the said criminal case (Annexure-3 of the said affidavit) whereby the petitioner has been acquitted of the charges. Admitted position is that in addition to the said criminal case, a departmental proceeding was initiated against the petitioner and in which also the petitioner has been exonerated of the charges. In view of the indisputed position where the petitioner has been exonerated in the departmental proceedings as also that the criminal case has resulted in his acquittal, I - 3 - am of the opinion that there should not be any impediment in the way of the Corporation in releasing the withheld amounts of gratuity and unutilized leave and which should be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this orders. The writ petition stands allowed with the directions aforesaid. (Jyoti Saran,J.) ahk