1. The facts of this case would relate to an allegation of illegal gratification for which the respondent was charged with. The facts would depict, the respondent was working as a Railway Inspector while he was charged with the above allegation. The Railway handed over the case to the CBI, who initiated criminal proceeding as against the respondent. The respondent would claim, he was honorably acquitted by the criminal Court. CBI would, however, not agree with such decision and has preferred an appeal being CRA No. 260 of 2007 (CBI Vs. Joydev Ghatak) that is awaiting disposal before this Court.

2. The respondent approached the learned Single Judge for release of the gratuity that the respondent withheld in view of the pendency of the proceeding. Pertinent to note, the railway authorities had initiated the disciplinary proceeding that they subsequently dropped and allowed the respondent to serve the railway till his natural date of superannuation. We are told, after superannuation, he had been paid all retiral benefits except the gratuity for which he approached the learned Single Judge. However, his pension is yet to be finalized as he is now getting provisional pension.

3.