Umashankar Singh vs State Of U.P. And 4 Others
2023 Latest Caselaw 29800 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:206014
 
Court No. - 34
 

 
Case :- WRIT - A No. - 17325 of 2023
 

 
Petitioner :- Umashankar Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Man Mohan Singh
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Ajit Kumar,J.

Instructions have been placed by learned Standing Counsel, which are taken on record.

Petitioner, who was placed under suspension for being sent to jail during the service period on account of his implication in a criminal case in connection with Case Crime No.- 79 of 1996 under Section 147, 302, 201 and 120-B I.P.C., later was released on bail and, accordingly, his suspension order stood revoked. Subsequently, petitioner retired in the year 2008 but on account of pending criminal trial he was only paid interim pension. Ultimately, petitioner has been acquitted in the criminal case on 24th January, 2023.

The grievance of the petitioner is that he upon being acquitted in a criminal case, was entitled to all service benefits including salary for the period he had remained under suspension on account of being implicated in the criminal case. He submits that with the acquittal of the petitioner from all the charges in the criminal case, he stood exonerated inasmuch no departmental proceeding was ever instituted against him.

In compliance of earlier order of this Court, learned Standing Counsel has obtained instructions and as per the instructions the only ground taken is that an appeal has been preferred being Government Appeal Defective No.- 415 of 2023 by State of U.P. before this Court against the judgment of acquittal.

In my considered view, just for a pendency of a time barred government appeal against the order of acquittal, the significance and relevance of the order of acquittal and the consequential benefits arising thereof does not get obliterated and, accordingly, I do not find any justification for the respondent not to finalize all the retirement dues including the dues for the period he had remained under suspension in connection with the criminal case in which he has been finally acquitted.

Accordingly, the respondents are directed to calculate all the post retirement dues including the dues for the period he had remained under suspension and finalize the same and pay the same within a period of two months from the date of production of certified copy of this order.

The writ petition succeeds and is allowed in above terms.

Order Date :- 28.10.2023

Atmesh