IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5679 of 2010. Decided on: 10.11.2010 Sita Ram Yadav …. Petitioner Versus State of H.P. & others ….. Respondents Coram: The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr.Justice V.K.Ahuja, Judge For the petitioner: Mr. L.N. Sharma, Advocate. For the respondents: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. Justice Kurian Joseph, C.J.(Oral) The writ petition is filed with the following prayers: “(i) That the respondents be directed to release the with held service benefits to the petitioner immediately. (ii) That the direction may kindly be issued to the respondents to decide the representation of the petitioner as filed by him from time to time with in some time bound manner.” 2. In the reply at paras 2 and 3 it is stated as follows: “That in reply to the contents of this para it is submitted that a F.I.R. No. 81/93 dated 16.9.93 was registered in police station Keylong, against the petitioner and one Sh. Dharam Singh Bhatti, under Section 409, 468, 471, 120 B IPC, for alleged misappropriation and embezzlement of Government money while the petitioner was posted as Junior Engineer, Development Block Keylong. That in reply to the contents of this para it is submitted that the Ld. Chief Judicial 2 Magistrate, vide judgment dated 14.9.2009, has held that after appraisal of entire evidence on record and in view of the entire discussion, it was concluded that prosecution has not been able to prove its case against the accused beyond reasonable doubt. However, the Deputy Commissioner, Lahaul & Spiti has filed an Appeal in the Court of Ld. Addl. Sessions Judge(FTC) Kullu, on 13.9.2010 and accordingly, the impugned judgment as such, has not attend finality, as alleged by the petitioner.” 3. The petitioner submits that the appeal has been filed belatedly and it has not even been admitted. Be that as it may. The petitioner undertakes to furnish security so that the interests of the State are not adversely affected. Therefore, the writ petition is disposed of with the following direction. The benefits withheld on account of the involvement in the criminal case will be released to the petitioner on his furnishing security to the satisfaction of the Disbursing Officer. Needful shall be done by the respondents within a period of one month from the date of production of a copy of this judgment by the petitioner. 4. The writ petition is disposed of, so also the pending application(s), if any. Dasti copy. ( Justice Kurian Joseph) Chief Justice. November 10, 2010 (Justice V.K.Ahuja) (tilak/vt) Judge