The Patna High Court, in a petition filed seeking retirement benefits observed that under the Bihar Pension Rules, the respondent authorities have the power to withhold pension benefits, however, as they did not disclose whether any departmental proceedings were pending against the petitioner, they did not have the power to withhold the benefits.
Brief Facts:
The present petition was filed by the petitioner, a retired Programme Officer in, the Education Department in 2020. The petitioner received 90% of the gratuity and only received 90% of the pension. Respondents withheld the remaining retirement benefits i.e., 10% gratuity and pension.
Contentions of the Appellant:
The learned counsel appearing on behalf of the petitioner contended that as per Rule 43(b) and 43(c) of the Bihar Pension Rules, 1950, 10% of the pension as well as gratuity can be withheld by the respondent authorities only when there is a departmental proceeding pending against the retired employee. Further, it was submitted that since there is no departmental proceeding pending against the petitioner, withholding of 10% of the petitioner’s pension and gratuity by the respondent authorities is illegal and accordingly respondents are liable to be directed to pay the remaining 10% of the pension as well as gratuity to the petitioner.
Observations of the Court:
The court stated that there was communication among various authorities within the education department regarding the initiation of action against the petitioner, however, there was no actual departmental proceeding instituted against the petitioner. Further, it was stated that though there is a narration of exchange of communication between the various authorities of the education department as regards the allegation against the petitioner and the further action to be initiated/taken against the petitioner, but the counter affidavit does not indicate that any departmental proceeding has been initiated against the petitioner for the allegation levelled against him.
Further it was stated by the court that respondent authorities failed to specify in the counter affidavit whether they initiated any departmental proceedings against the petitioner. Further, even when provided the opportunity to submit supplementary affidavit, they did not mention if there was any pending proceedings against the petitioner. It was further stated that under the Bihar Pension Rules, the respondent authorities have the power to withhold pension benefits. However, as they did not disclose whether any departmental proceedings were pending against the petitioner, they did not have the power to withhold the benefits.
The decision of the Court:
The court allowed the petition and directed the respondents to pay the remaining 10% of gratuity and pension along with any remaining arrears.
Case Title: Jai Jai Ram Roy v. The State of Bihar & Ors.
Coram: Hon’ble Justice Nani Tagia
Case no.: Civil Writ Jurisdiction Case No.16108 of 2023
Advocate for the Appellant: Mr. Alok Kumar, Mr. Pranav Kumar
Advocate for the Respondents: Mr. Subhash Chandra Mishra, Mr. Madhukar Mishra
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