Statistical Officer, Kawardha v. Secretary, Planning and Statistical
Case at a glance
Outcome
Dismissed
Thus, ths writ petition is dismissed summarily
Provisions considered
- Dowry Prohibition Act, 1961 ss. 3, 4
Key paragraphs
- Para 55. Thus, ths writ petition is dismissed summarily. No ordsr as to costs. However, the empioyer may consider to reiease ths other payment to the petitioner, if permissible, in accordance with Saw. Sd7- Satish K. Agnihotri Judge Sybhash
Judgment
/'l] Sham Sher Bahadiu- Singh, S/o late Ran Bahadur Singh, about 64 years, Retired Assistant Statistical Officer, Kawardha; C/o Smt. Tara Devi Singh Near old Post SuKhapura, P.0. Office Sukhapura, DistrictBallia[U.P.]. .'^•'^ <!>v" .!•.;•'' <i~" ^•••' RESPONDENTS ^^.A^- '^fA/' ^y ^^o- / y .3 ^ ^ VERSUS /1] State of Chhattisgarh, Through- Secretary, Planning and Statistical Department Mantralaya, D.K.S. Bhavan, Raipur [C.G.]. 2] Director, Planning and Statistical Department, Koshalya Compound, Bhawan, Polytechnic Mahila Barron Baza.ar, Raipur [C.G.]. ^ 3] Dista-ict Planning and Statistical Officer, Collectorate, New Biiilding, Kawardha, District Kabirdham [C.G.]. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIQN OF INDIA FOR ISSUNG WRIT IN THE NATURE OF CERTIORARI. DIRECTION AND OTHER APPROPRIATEORDER^ ®?:''.')^S,aS&!i^@SSSi' yiGy_50URT OF CHHATTiSGARH AT BiLASPUB SJNGLE BENCH : HON'BLE MR. SATSSH K. AQNSHOTRi. J. IMOIT PETiTi Petitioner Sham Shsr Bahadur Singh versys Respondents State of Chhattisgarh and others Present : Mr. R.K. Kesharwaril, counse! for the petitioner. Smt. Anju Ahuja, Deputy Government Advocate for ihe State. ORDER (Passed on 12'" day of December, 2006) Learned counse! appearing for th®petitioner submits that ths petjtloner, who was appointed as Progress Assistant in Panchayat and Rural Development Department and furthsr promoted as Assistant Statistical Officer and postsd at Kawardha, was suspended by order dated 29.9.2002 (Annsxure P/1), on the account of a criminal case registersd against him for offences punishable under Sectlon 498-A of the indian Penai Cods and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The petitioner was aiso detained in judicial custody during pendency of the triai and during his suspension period. The petitioner, '4^ on attaining the age of superannuation, retirsd with effect
31.7.2003 vide order dated 30.6.2003 (Annexure P/2).
The petitioner has fiied this writ petition seeking a direction to the respondents-authorities to grant ful! regular pension, fuli gratuity and other retirai dues.
lt is weii settied principie of law Shat the petitioner is entitted to provisiona! pension and some part of gratuity til! the criminal case, pending against the pstitioner, is not finally concluded. The emptoyer may consider to take any actlon in the event the petitioner is found guiity in the criminsl triai. The subsequent punishment, if any, can be awarded pursuant to the decision of the criminal triai pending In the criminal Court.
Operative part
Thus, ths writ petition is dismissed summarily. No ordsr as to costs. However, the empioyer may consider to reiease ths other payment to the petitioner, if permissible, in accordance with Saw. Sd7- Satish K. Agnihotri Judge Sybhash
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Thus, ths writ petition is dismissed summarily
Which statutory provisions did this judgment involve?
Dowry Prohibition Act, 1961 — ss. 3, 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.