JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for quashing the order communicated vide memo no. 143(2), Ranchi, dated 23.04.2019 (Annexure-4), whereby the gratuity of the petitioner has been withheld due to pendency of criminal case i.e. Vigilance Case No. 15 of 2009 and further the commutation of pension has been disallowed until the final outcome of the said criminal case.

Petitioner has further prayed for a direction upon the respondents for releasing the entire amount of gratuity and also allow the commutation of pension as per Pension Rule that existed prior to promulgation of Rule 43(c), notified vide notification dated 23.07.2018 for the reasons that petitioner superannuated on 31.01.2018 itself i.e. prior to coming into existence of the said notification.

3. As per factual matrix, the petitioner retired from post of Registrar, Department of State Ayush Medical Board, Jharkhand, Ranchi, on 31.01.2018. It is the case of the petitioner that though he performed his duties with utmost sincerity and honesty but during his service period, he was put under suspension w.e.f. 03.04.2010, vide order dated 22.04.2010, on the ground initiation of one cr