By the Court.—The petitioner was an Assistant Engineer in the U.P. Power Corporation. It appears that a criminal case under Section 13(1) of the Prevention of Corruption Act and for certain other offences is pending against him. The petitioner retired on 30.6.2000. He is aggrieved by the order dated 23rd September, 2000 of the U.P. Power Corporation by which the gratuity of the petitioner has been withheld pending vigilance proceedings which appear to have preceded the criminal case. However the petitioner has been permitted provisional pension. A portion of this order by which gratuity has been withheld has been challenged by the petitioner.

2. We have heard Sri Ranjit Saxena counsel for the petitioner and Sri Anil Mehrotra counsel for the U.P. Power Corporation. It is stated by Sri Anil Mehrotra learned Standing Counsel for the Corporation that the Civil Service Regulations dealing with the subject pension and gratuity have been adopted by the Corporation and the arguments were heard on the foundation that the Civil Service Regulations were applicable. It is also stated by Sri Anil Mehrotra that the U.P. Retirement Benefit Rules, 1961 as well as the U.P. Liberalised Pensi