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SANJAY DIVIVEDI
Chadramani Tripathi – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition is of year 2016 and pleadings are complete, therefore, with consent of learned counsel for the parties, it is heard finally
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner has not assailed any specific order, but sought a direction for the respondents to release his gratuity amount and also full pension with interest @8.5% per annum.
3. As per the facts of the case, the petitioner after attaining the age of superannuation, retired w.e.f. 31.12.2015 from the post of Assistant Sub-Inspector (A.S.I.) from the Police Department. When he was in service, a Lokayukt had registered a case against him and the said case was pending and during the pendency of the said case, the petitioner got retired from service and is being paid anticipatory pension @90% and also released the amount of gratuity to that extent only. The challan was filed on 5.2.2016 and the charges were framed by the Special Court on 19.2.2016.
4. The criminal case is still pending. The petitioner submits that as per rule 9 of the Madhya Pradesh Civil Services (Pension) Rules, 1976 [hereinafter referred to as 'the Rules, 1976'], only the Governor can withho
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