JUDGMENT :

Sanjeev Kumar, J.

1. This intra-Court appeal is directed against the judgment dated 6th of May, 2019, passed by the learned Single Judge in SWP No. 1214/2017 and order dated 04.06.2019 passed in RPSW No. 28/2019 titled Ghulam Mohi-ud-Din Lone vs. State of J&K & Ors.

2. Briefly stated, the facts relevant to the disposal of this appeal are that the appellant in the year 2014 was holding the post of Soil Conservation Assistant in the respondent Department when FIR No. 25/2014 for embezzlement of an amount of Rs. 2,47,993/came to be registered against him and three others with Vigilance Organization, Kashmir. While the FIR was under investigation, the appellant retired on superannuation w.e.f. 31st of August, 2016. He was not released his post retiral benefits despite the fact that he had completed all the requisite formalities and had obtained 'No Objection Certificate' from the concerned departments. The pensionary benefits to the appellant were denied on the ground that he was facing a criminal charge of misappropriation in FIR No. 25/2014 which, at the time of his retirement, was pending investigation with Vigilance Organization, Kashmir. The appellant represented to the re