Patna High CourtCWJC/1774/2012disposed

Babban Prasad Singh v. The Union Of India And ORS

2015-08-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1774 of 2012 ====================================================== Babban Prasad Singh, Ex. CTGD 761240256 Son of Sri Ram Narayan Singh Resident of Village-Makhdumpur, Police Station-Arwal, DistrictArwal. .... .... Petitioner/s

Versus

1. The Union of India through the Director General, Central Reserve Police Force, New Delhi.

2. The Inspector General, Central Reserve Police Force, Bihar Sector, Dighi Complex, B.V. College, Patna.

3. The Deputy Inspector General, Central Reserve Police Force, Bihar Sector, Dighi Complex, B.V. College, Patna.

4. The Deputy Inspector General, Central Reserve Police Force, Group Centre, Mokama Ghat, Patna.

5. The Commandant, 4th BN CRPF, Raigarha, Orissa.

6. The Commandant, 147 BN CRPF, Kashipur, Sikaar, Assam.

7. The Commandant, 53 BN, CRPF, Udalguri, Assam. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prashant Kashyap, Advocate.

For the Respondent/s : Mr. Anjani Kumar Sharan, C.G.C.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT 5.

21.08.2015 Heard learned counsel for the parties.

It appears that the gratuity and leave encashment of the petitioner has been held up under the Central Civil Services (Pension) Rules, 1972. Learned counsel for the petitioner submits that the same is on account of there being criminal case pending against the petitioner with regard to which despite orders of various Court including the Hon'ble Supreme Court, the trial has not been concluded.

In view of the aforesaid, since the withdrawal of gratuity and leave encashment of the petitioner is on account

Patna High Court CWJC No.1774 of 2012 (5) dt.21-08-2015 2/2 of statutory provisions, this Court does not find that the petitioner can be granted any relief for the present. Accordingly, the application stands disposed off. However, upon the criminal case being finally concluded, depending upon its outcome, the petitioner shall have liberty to move before the appropriate forum for redressal of his grievances as raised in the present writ application. (Ahsanuddin Amanullah, J.) Anand Kr.

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