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2021 Supreme(All) 1154

SARAL SRIVASTAVA
Devendra Kumar Sharma – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhawani Prasad Shukla
For the Respondent: C.S.C.

JUDGMENT :

Saral Srivastava, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 5.

2. The petitioner, through the present writ petition, has assailed the order dated 17.11.2020, passed by respondent no.2-Superintendent of Police, Baghpat, by which he has refused to grant final pension and full gratuity to the petitioner on the ground of pendency of criminal case against him.

3. Brief facts of the case are that the petitioner was appointed as Constable (Civil Police), Uttar Pradesh on 13.08.1980 and retired on 31.12.2020.

4. It appears that during service on 07.12.2010, an FIR under Section 324/506 I.P.C. was registered against the petitioner on the complaint of his brother, namely, Ratan Kumar Sharma with an allegation that the petitioner and his family members along with some other anti-social elements came to his house and had beaten him and his family members. In the said incident, the daughter of the complainant had suffered injuries.

5. According to the petitioner, the charge sheet in the said criminal case was submitted by the police on 02.02.2011 under Sections 324/506 I.P.C. against him and his wife, and due to the pendency of

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