IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1412 of 2008 THE UNION OF INDIA & ORS Versus BAJRANGI SHARMA ----------- For the petitioner : Mr. Sanjay Kumar, Central Government Advocate -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 21st August, 2008 We heard Mr. Sanjay Kumar, counsel for the petitioners. 2. The Tribunal considered the matter thus: “I am of the opinion that once the applicant has been proceeded with departmentally and let off with fine of Rs.2000/- there is no just cause for withholding gratuity. It is correct that the criminal case is pending. However, we cannot loose sight of the fact that it is pending for 19 years, now and there is absolutely no chance of any financial liability of the applicant as a result of adverse judgment in the criminal case. It has also been alleged by the applicant in para 4.10 of the application that the amount of Rs.950/- has already been deposited at Belaganj Post Office on 30.4.1984, vide receipt No.73 (Book No.73). The allegation has not been rebutted by the respondents. In this view of the matter, I am of the opinion that since the applicant has already been meted out the punishment of fine in disciplinary proceedings, there is not just cause at all for withholding gratuity. In this manner, I am of the opinion that the amount of gratuity is also payable to the applicant in the peculiar circumstances of the case the rigour of the provisions of Rule 69 (c )of CCS Pension Rules, 1972 gets diluted.” 3. We find no justifiable reason to take a view different from that of the Tribunal. - 2 - 4. Writ petition is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. sunil