JUDGMENT :

1. The question which falls for consideration before this court in the present is whether the government servant is entitled for full pension and gratuity where criminal proceedings are pending against him?

2. It has been submitted by learned counsel for the petitioner that the petitioner was appointed as Assistant Wireless Operator in the Department of the Wireless, Police, Mahanagar, Lucknow on 16.6.1979 and has superannuated from the post of Principal/Head Wireless Operator one 31.3.2019. During his service a first information report was lodged against him in Case Crime No.249/1998 under sections-417/467/468/471/218 IPC at Police Station, Mahanagar, Lucknow. The chargesheet has been filed in the said case on 29.01.2000 and the trial is in progress.

3. Subsequent to the lodging of the first information report the petitioner was suspended from service and disciplinary proceedings were also initiated against him which were concluded in favour of the petitioner where he was exonerated, and the order of suspension was revoked on 10.09.2004.

4. That subsequent to his retirement it has been submitted that no disciplinary proceeding are pending against him, but by means of the im