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Allahabad High Court · body

2023 DIGILAW 2822 (ALL)

Kamal Ahmad Khan v. State of U. P.

2023-12-14

AJIT KUMAR

body2023
JUDGMENT Ajit Kumar, J. A compliance affidavit has been filed today, which is taken on record. 2. In the compliance affidavit sworn by one Vinod Kumar, Superintendent of Police, Mainpuri, a statement has come to be made that the entire amount that was due to be paid to the petitioner, has been paid on 11.12.2023 and 12.12.2023 and statement regarding transaction of the amount, has been annexed as annexure-1 to the affidavit. A further statement has also been made to the effect that for payment of interest for delayed payment of gratuity, the matter has been referred to the Additional Director General of Police, Personnel, U.P. Police Headquarter, Lucknow. 3. Admittedly, the petitioner had retired on 21.10.2020 and this amount ought to have been paid to him at that very point of time. However, the same was delayed only on account of pendency of a criminal case in which, the petitioner stood acquitted on 2nd August, 2023. It is a well settled law that for mere allegation of committing act of criminal nature without being convicted, no body can be penalized and if the State-respondent prefers to withhold the gratuity amount and other post retiral dues on account pendency of criminal case, it would be doing so at its own risk because, if the employee stands acquitted then it would be taken that he has been acquitted for either there was no evidence or only there is doubtful evidence against him, insofar as implication in the criminal case is concerned and that being so he would be entitled for payment of such amount on the date of his retirement. In the circumstances, in my considered view, the prayer for interest was genuine and was so rightly directed. The petitioner has been unnecessarily harassed for such a long period of three years. 4. Let the Additional Director General of Police, Personnel, U.P. Police Headquarter, Lucknow do the needful in the matter clearing the entire amount over and above the delayed payment of gratuity within a period of 30 days from today and file compliance affidavit in this regard by the next date fixed failing which the Court will be compelled to take serious view of the matter. 5. List this matter on 18th January, 2024. 6. Registrar (Compliance) shall communicate this order to the authority concerned within three days.