JUDGMENT :

1. The petitioner herein stood retired from the Office of the Assistant Soil Conservation Officer on 31-7-2019, but he is being paid only anticipatory family pension to the extent of 90% and gratuity has been withheld on the ground that some non-departmental enquiry has been conducted by the Executive Engineer, Water Resources Department, Kawardha and the Executive Engineer, Pradhan Mantri Gram Sadak Yojana, Kawardha, and report has been submitted to the Director, Agriculture on 25-5-2021.

2. It is the case of the petitioner that since no departmental enquiry nor any criminal case is pending or initiated against him on the date of his retirement i.e. 31-7-2019, therefore, he is entitled for full pension and the amount of gratuity as well.

3. Return has been filed by the State/respondents No.1 to 4 stating that non-departmental enquiry has been conducted by the two Executive Engineers and report has been submitted to the Director, Agriculture on 25-5-2021, therefore, the petitioner is not entitled for full pension and also not entitled for gratuity as well. Pursuant to the direction of this Court, affidavit has been filed by the Director, Agriculture.

4. Mr. Sushobhit Singh,