Whether Gratuity and other retiral Benefits can withhold on the ground of pendency of criminal case
Hon'ble high court Allahabad considered the above question in the case of Shiv Sewak Prasad Mishra Versus State of U.P. and others reported in (2015) 1 UPLBEC 521 and held ofter considering many judgments of Hon'ble High Court and Hon'ble Apex Court that gratuity and other retiral benefits and final pension of a employee can not be withhold only on the ground of pendency of a criminal case against him at the time of his retirement but it can be done only in exception when in the criminal case there is any allegation of loss to the Government and there is recovery to be made from the employee.
