[2025:RJ-JP:13804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12606/2014 Mohan Lal Meena Son Of Shri Bajrang Lal Meena,Meera Bhawan, Gali No. 16, Mahatma Gandhi Colony, Mala Phatak, Kota, District Kota Rajasthan ----Petitioner Versus 1. The State Of Rajasthan Through Its Principal Secretary, Local Self Department, Secretariat, Jaipur 2. The Director, Local Boadies, Rajasthan, Jaipur 3. The Commissioner, Nagar Nigam, Kota, District Kota Rajasthan 4. The Director, Pension And Pensioners Welfare Department, Vitt Bhawan, Vidhyt Marg, Jyoti Nagar, Jaipur ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 26/03/2025 1. By way of filing this petition, a prayer has been made for issuing direction to the respondents to release the amount of gratuity along with interest. 2. Learned counsel for the petitioner submits that the petitioner stood retired on 31.08.2014, after attaining the age of superannuation, but without any justified reason, the respondents have withheld the due amount of gratuity of the petitioner. Counsel submits that two criminal cases, bearing F.I.R Nos. 58/2002 & 60/2002 were registered at Police Station-Anti [2025:RJ-JP:13804] (2 of 3) [CW-12606/2014] Corruption Bureau, Checkpost Bundi against several accused persons for the offences under Section 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 & offences under IPC, wherein after investigation, charge-sheet was not submitted against the petitioner, but the same was submitted against the other co- accused persons. 3. Counsel submits that neither any judicial proceedings nor any disciplinary proceedings were initiated against the petitioner, even then, the rightful claim of the petitioner for grant of gratuity has been withheld by the respondents without any logical reasons, hence, under these circumstances, appropriate orders be passed. 4. No one has put in appearance on behalf of the respondents, in spite of service and even on earlier occasions also, no one has put in appearance on behalf of the respondents. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the petitioner stood retired on 31.08.2014, after attaining the age of superannuation. This fact is not in dispute that neither any criminal case nor any departmental enquiry was pending against the petitioner. It is true that two criminal cases, bearing F.I.R Nos. 58/2002 & 60/2002 were registered at Police Station Anti Corruption Bureau, Checkpost Bundi, against the petitioner alongwith other co-accused persons, for the offence under Section 13(1)(d) & 13(2) of the Prevention of Corruption Act and other offences of Indian Penal Code, but after investigation, the [2025:RJ-JP:13804] (3 of 3) [CW-12606/2014] Investigating Agency has not find any role of the petitioner, that is why, no charge-sheet has submitted against him. It is submitted at the Bar by the counsel for the petitioner that at the subsequent stage, no cognizance has been taken against him, hence, under these circumstances, with no stretch of imagination, it can be believed that any judicial proceeding is pending against the petitioner. 7. Considering the above factual aspect of the matter and looking to the fact that neither any judicial proceedings nor any disciplinary proceedings were pending against the petitioner, hence, under these circumstances, the respondents were not justified in withholding the gratuity amount of the petitioner, such action on the part of the respondents is arbitrary and the same is not sustainable in the eye of law. 8. In view of the above, the instant writ petition stands allowed. The respondents are directed to release the due gratuity amount of the petitioner alongwith interest @9% p.a. 9. Needless to observe that this order would be complied with by the respondents within a period of three months from the date of receipt of certified copy of this order. 10. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J RONAK JAIMAN/143