The Allahabad High Court while disposing the petition observed that mere filing of an appeal against the order of acquittal cannot be a ground to deny the petitioner’s claim regarding the post retirement dues.
A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Shaukat Ali Khan.
Counsel for the petitioner submitted that since the final report was rejected by the Magistrate and the case was treated as a complaint case and therefore, the trial is going on, however in that also he has been acquitted on 27.01.2021 against which some revision has been preferred. Filing of revision against the order of acquittal cannot be a ground to withheld the gratuity amount or otherwise not to finalize the pension.
Standing Counsel submitted that the State has preferred an appeal against the order of acquittal.
In the circumstances, the Court disposed of the petition with direction to the respondents to immediately release the entire gratuity amount of the petitioner alongwith due interest as admissible in law and also finalize pension as expeditiously as possible.