Neutral Citation No. - 2025:AHC:115457 Court No. - 4 Case :- WRIT - A No. - 5710 of 2025 Petitioner :- Umashankar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amarjeet Choudhary,Sangam Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Sangam Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel. In compliance of last order of this Court, learned Standing Counsel has obtained instructions in the matter and placed the same before this Court, which are taken on record. By means of present petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 31st August, 2021 whereby petitioner's gratuity and pension and other post retirement dues were approved but no amount towards commutation of pension, regular pension and gratuity was directed to be released . The reason assigned in the order was that there was a criminal case arising out of case crime no. 38 of 1986 under Section 161 of erstwhile IPC and 5(2) of Prevention of Corruption Act registered and, so consequently, regular pension of the petitioner, gratuity and 10 per cent of the provident fund amount was being withheld. Learned counsel for the petitioner submits that in the matter of criminal case a final report has already been submitted by the police and thereafter nothing fuhrer transpired, and therefore, petitioner's post retirement dues could not have remained withheld under the order impugned. From the instructions, it transpires that final report came to be submitted in the matter of case crime in 38 of 1986 and the instruction further are that on account of the fact that criminal case being pending, post retirment dues could not be paid to the petitioner. It is further stated in the instructions vide paragraph 3 that various letters were written to verify the facts regarding pendency of the criminal case, but Circle Officer of the District Rampur did not in reply to the letter written to him. In my considered view, once the final report came to be submitted on 3.7.2025 in case crime no. 38 of 1986, the would could normally accept the same except where any objection is filed by way of protest petition and Court rejects the final report . Had it been a case were the Court had rejected the final report petitioner must have been issued summons, but there is nothing to assume that summons were issued from a court to petitioner for ignorance of fate of police final report. In the circumstances, therefore, respondents are themselves not sure about the pendency of the criminal case did admit this fact that final report was submitted by the police, respondents who themselves are police department, ought not to have continued to withhold post retirement dues of the petitioner In the circumstances, therefore, the order dated 31st August, 2021 directing for withholding the remaining amount of gratuity, provident fund , commutation of pension, regular pension is hereby quashed. Respondent/ Senior Superintendent of Police, Bareilly are directed to consider the claim of the petitioner and immediately process the paper for payment to respondent no. 2 who will do the needful for payment, within two weeks from the date of presentation of certified copy of this order . It is further provided that soon-after receiving the document/papers from office of SSP, Bareilly, Finance Controller of the Police Headquarter at Lucknow who will do the needful in the matter and post retirement dues amount be credited into the account of the petitioner within a period of two weeks from the date of production of certified copy of this order . In the event, entire amount is not paid as prescribed period, petitioner shall be entitled to interest @ 12 per cent over and above outstanding dues and this time right from 31st August, 2021 till actual payment is made. Petition thus stands allowed as above. Order Date :- 16.7.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad