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2025 DAILYLAW 154502 (ALL)

HARI PRASAD KAUSHAL v. MANAGING DIRECTOR MANDHYANCHAL VIDUT VITRAN NIGAM LTD. LKO. AND 2 OTHERS

WRIA/8385/2025 · 2025-07-30

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43979 Court No. - 5 Case :- WRIT - A No. - 8385 of 2025 Petitioner :- Hari Prasad Kaushal Respondent :- Managing Director Mandhyanchal Vidut Vitran Nigam Ltd. Lko. And 2 Others Counsel for Petitioner :- Arun Kumar Gupta,Saloni Jaiswal Counsel for Respondent :- Alok Saran,Neerav Chitravanshi Hon'ble Abdul Moin,J. 1. Heard. 2. Admittedly, gratuity of the petitioner has been withheld on account of pendency of a criminal case. 3. It is contended by the learned Standing Counsel that whether the gratuity can be withheld on account of pendency of criminal case has been considered by the larger Bench of this Court in the case of Shiv Gopal vs State of U.P.. AIR 2019 ALLAHABAD 168 wherein the larger Bench has held that a government employee is not entitled to death cum retiral gratuity until the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal. 4. Considering the aforesaid, no case for interference is made out. The writ petition is dismissed. Order Date :- 30.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench