In Gambhir Singh v. State of U.P. the Court held that even
in serious offences, accused cannot be convicted unless prosecution links the
accused beyond doubt.
14. I have also perused the judgment of Mohammad Majhar
(supra) and Gambhir Singh (supra). In these cases,
gratuity/pension was withheld due to pendency of criminal case
against the employee and the said criminal case had nothing to do
with the discharge of his public duties in the office. In the said
case, while referring the different provisions of CCS (Pension)
Rules 1972, it has been held that if criminal case pending against
the employee had nothing to do with his official duties, his gratuity
cannot be withheld.
16. Same is the ratio of law laid by Supreme Court in the case of
Gambhir Singh Vs. State of Uttar Pradesh , 2025 SCC Online 365 wherein it
is held that circumstances from which the conclusion of guilt is to be drawn
should be fully established. "It may be noted here that this Court indicated
that the circumstances concerned "must or should" and not "may be"
19. With regard to contradictions, the learned
Patna High Court CR. APP (DB) No.123 of 1996(8) dt.22-11-2025
8/11
Advocate for the appellant refers to a recent decision in the case
of Gambhir Singh Vs. State of Uttar Pradesh, reported in 2025
SCC OnLine SC 365.