tfioo2^^- INTHE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. <ro57-/2006 PETITIONER ^^5^ df^f^ ..%^>-" .'^•'^ <!>v" .!•.;•'' <i~" ^•••' ^y>' RESPONDENTS ^ / ^ ^.A^- '^fA/' ^y ^^ o- y .3 ^ /'l] Sham Sher Bahadiu- Singh, S/o late Ran Bahadur Singh, aged about 64 years, Retired Assistant Statistical Officer, Kawardha; C/o Smt. Tara Devi Singh Near old Post Office SuKhapura, P.0. Sukhapura, DistrictBallia[U.P.]. VERSUS /1] State of Chhattisgarh, Through- Secretary, Planning and Statistical Department Mantralaya, Bhavan, Raipur [C.G.]. D.K.S. 2] Director, Planning and Statistical Department, Koshalya Compound, Mahila Polytechnic Bhawan, Barron Baza.ar, Raipur [C.G.]. ^ 3] Dista-ict Planning and Statistical Officer, Collectorate, New Biiilding, Kawardha, District Kabirdham [C.G.]. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIQN OF INDIA FOR ISSUNG WRIT IN THE NATURE OF CERTIORARI. DIRECTION AND OTHER APPROPRIATEORDER^ ®?:''.')^S,aS&!i^@SSSi' yf yiGy_50URT OF CHHATTiSGARH AT BiLASPUB SJNGLE BENCH : HON'BLE MR. SATSSH K. AQNSHOTRi. J. IMOIT PETiTi Petitioner Respondents versys Sham Shsr Bahadur Singh State of Chhattisgarh and others Present : Mr. R.K. Kesharwaril, counse! for the petitioner. Smt. Anju Ahuja, Deputy Government Advocate for ihe State. ORDER ith (Passed on 12'" day of December, 2006) Learned counse! appearing for th®petitioner submits that ths petjtloner, who was appointed as Progress Assistant in Panchayat and Rural Development Department and furthsr promoted as Assistant Statistical Officer and postsd at Kawardha, was suspended by order dated 29.9.2002 (Annsxure P/1), on the account of a criminal case registersd against him for offences punishable under Sectlon 498-A of the indian Penai Cods and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. The petitioner was aiso detained in judicial custody during pendency of the triai and during his suspension period. The petitioner, '4^ on attaining the age of superannuation, retirsd with effect from 31.7.2003 vide order dated 30.6.2003 (Annexure P/2). 3. The petitioner has fiied this writ petition seeking a direction to the respondents-authorities to grant ful! regular pension, fuli gratuity and other retirai dues. 4. lt is weii settied principie of law Shat the petitioner is entitted to provisiona! pension and some part of gratuity til! the criminal case, pending against the pstitioner, is not finally concluded. The emptoyer may consider to take any actlon in the event the petitioner is found guiity in the criminsl triai. The subsequent punishment, if any, can be awarded pursuant to the decision of the criminal triai pending In the criminal Court. 5. Thus, ths writ petition is dismissed summarily. No ordsr as to costs. However, the empioyer may consider to reiease ths other payment to the petitioner, if permissible, in accordance with Saw. Sd7- Satish K. Agnihotri Judge Sybhash