M. RAMA JOIS, J. ( 1 ) THE petitioner, a retired Forester of the Forest Department of the State Government, has prayed for the issue of a writ of mandamus directing the respondents to release the death-cum-retirement gratuity amount due to him in accordance with the provisions of the Karnataka civil Services Rules. ( 2 ) THE facts of the case are as follows : the petitioner was serving as a forester. He retired from service on 2-3-1979. Prior to his retirement there was a criminal prosecution launched against him for an offence of theft of 169 standing trees. By an order made by the addl. Munsiff and J. M. F. C I Class, puttur, D. K. on 9-2-1978, the petitioner was acquitted of the charge. His pension has been quantified and the same has been paid in accordance with the rules. However, regarding the gratuity amount due to him and also about the refund of security amount deposited by him, a communication dated 30-4-1980 was given to him, which reads as follows:"sri B. Shankar, Forester has retired from service on the afternoon of 31-3-77 while he was working in stillia Range of this Division. A departmental enquiry was in stituted against him along with other f r the investigation into the irregularities occurred in Hassan-Mangalore railway track clearance work in mangalore and Hassan Divisions has revealed that ihe large scale illicit fellings of different species resulted in a huge loss to Government. The enquiry is still pending with the departmental authorities. The criminal case initiated against the defaulters is not connected with the departmental enquiry instituted as explained above since the enquiry has to be conducted and finalised as per C. C. A. Rules. Unless the final findings of the departmental authorities are received the DCRG. and the cash security deposh will not be released to the retired official". Aggrieved by the non-payment of the said amount, the petitioner has presented this writ petition, ( 3 ) THE relevant portion of the statement of objections in which the withholding of the amount of D. C. R. G. and security Deposit is sought to be justified reads as follows :". . . Aggrieved by the non-payment of the said amount, the petitioner has presented this writ petition, ( 3 ) THE relevant portion of the statement of objections in which the withholding of the amount of D. C. R. G. and security Deposit is sought to be justified reads as follows :". . . IN connection with the departmental enquiry to be conducted as per the C. C. A. Rules, the chief Conservator of Forests (General) bangalore in his O. M. No. AB-CCF 72-73 dated 30-3-1974 has appointed the then Conservator of forests Sri E. Balaiah to frame charges against the petitioner and to hold the enquiry against him 3. The contentions urged by the petitioner in para-5 of the petition that the decision of the 1st respondent to withhold the D C. R. G. and the security deposit on the ground that the departmental-enquiry is pending is true, The Death-cum-Retirement gratuity of the petitioner was withheld as per the Rules 335a of the Karnataka Civil Services rules amended vide notification No. FD 140/srs/73 dated 30-3-74. The action taken by the respondents are in accordance with law and does not suffer from any illegality or infirmity. " ( 4 ) FROM the facts stated in the statement of objections, it is clear that sri Balaiah, who was then the Conservator of Forests, was appointed on 30-3-1974 as Enquiry Officer to enquire into the charges No further information, i. e. , as to whether the article of charges were framed and served on the petitioner and whether any departmental enquiry is pending against the petitioner is made available. Rule 335a of the k. C. S. Rules on which reliance is placed reads as follows :"335a. The pension sanctioning authority shall furnish to the audit Officer demi-officially, by registered post, the facts, if any, having a bearing on the pension and d. C. R. G. , within a week from the date of retirement of the Government servant. The pension sanctioning authority shall be held personally responsible for any loss caused to Government by his omission to inform, within the prescribed period, the audit Officer about the facts having a bearing on the pension and DCRG of the Government servant. "there is nothing in the above rule which empowers the withholding of the d. C. R. G. amount. There is however, another rule in the K. C. S. Rules viz. , rule 215a. "there is nothing in the above rule which empowers the withholding of the d. C. R. G. amount. There is however, another rule in the K. C. S. Rules viz. , rule 215a. It reads :-"215a Notwithstanding the pension rules applicable to a Government servant, it is permissible to make recovery of Government dues and any pecuniary loss found to have been caused to Government in any departmental or judicial proceedings instituted against such Government servant under rule 214 from the death-cum-Retirement Gratuity or any other gratuity payable to a Government servant without obtaining his consent and when the Government servant is dead without obtaining the consent of the members of his family. "the above rule empowers the Government to withhold the gratuity amount due to a retired civil servant, if a finding has been recorded in a departmental enquiry or in any judicial proceedings to the effect that any specified amount was due by him to the State Gavernment. There is no averment in the statement of objections to the effect that any such finding has been recorded. On the other hand as stated earlier there is not even a statement to the effect that article of charges had been framed and served on the petitioner, to the effect that the petitioner had caused loss to Government in any specified amount and that an enquiry is pending and is about to be finalised. Tn a situation like this, there is no legal authority for the respondents to withhold the amount of DCRG. as also the cash Security deposited by the petitioner. ( 5 ) FOR the reasons aforesaid, I make the following order : (I) Rule made absolute. (II) A writ in the nature of mandamus shall issue to the respondents to pay the amount of Death-cum-Retirement gratuity due to the petitioner in accordance with rules and also the (amount of cash Security deposited by him. (III) Time for compliance four months. (IV) No costs. --- *** --- .