Pradeep Nandrajog, J. :

1. Having joined service under the appellant on May 30, 1975, the respondent superannuated from service on November 29, 2013.

2. While in service the respondent was served with a charge sheet in June, 2004 but proceedings thereto were dropped by the Competent Authority on May 04, 2006. It appears that the reason was that the respondent was facing a criminal prosecution concerning the same acts of omission and commission alleged against him in respect of which departmental proceedings were initiated.

3. As on the date of his superannuation the criminal proceedings were pending against the respondent.

4. Leave encashment and gratuity payable by the appellant to the respondent became a bone of contention resulting in the respondent filing W.P.(C) No. 337/2014 which has been allowed by the learned Single Judge vide impugned judgment dated April 24, 2014.

5. As regards leave encashment, the view taken by the learned Single Judge is that unless a rule exists to withhold leave encashment pending trial of an employee of the appellant before a criminal court, the leave encashment cannot be denied. No rule being shown, direction issued is that the appellant sho