Patna High Court
Arjun Prasad vs The State Of Bihar on 21 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6252 of 2019
==============================================
Arjun Prasad Son of Ram Chandra Ram, Resident of Mohalla- Rampur
Bhikari Near Bal Bharti School, Police Station- Munger, District- Munger,
at present Ramji Chak, Nach Bagicha, Police Station- Digha, District-
Patna.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Department of
Transport, Government of Bihar, Patna.
2. The State Transport Commissioner, Transport Department, Government
of Bihar, Patna.
3. The Additional Transport Commissioner, Transport Department,
Government of Bihar, Patna.
4. The Deputy Transport Commission-Transport Department, Government
of Bihar, Patna.
5. The Under Secretary, Transport Department, Government of Bihar,
Patna.
6. The Special Work Officer, Bihar Transport Department, Government of
Bihar, Patna.
7. The Additional Secretary, Transport Department, Bihar, Patna.
8. The Additional Transport Commissioner, Bihar, Patna.
9. The Deputy Secretary, Transport Department, Bihar, Patna.
10. The Accountant General, Government of Bihar, Patna.
... ... Respondent
==============================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Respondent/s : Mr.Lalit Kishore ( Ag)
==============================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 21-01-2021
Heard learned counsel for the parties.
The petitioner has approached this Court for a
direction to the respondents to pay to him all the post retiral
Patna High Court CWJC No.6252 of 2019 dt.21-01-2021
benefits to which he is entitled, such as earned leave, group
insurance, gratuity, salary increment, G.P.F. and other
benefits as also the interest on the same.
The petitioner, who was working as Enforcement
Sub Inspector at Patna was made accused in a criminal case
vide Vigilance P.S. Case No. 13/2013 for the offences under
Sections 13(2) read with 13(1)(E) of the Prevention of
Corruption Act, 1988. For the involvement of the petitioner
in the aforesaid case relating to accumulation of
disproportionate assets, a departmental proceeding was
initiated against him, in which, the petitioner was dismissed
from service on 25.10.2013.
The aforesaid order of the dismissal was
challenged by the petitioner before the Minister of the
department but that was also dismissed vide order dated
24.09.2018.
Learned counsel for the petitioner has submitted
that none of his post-retiral dues have been made available
to him.
His representations before the concerned
Patna High Court CWJC No.6252 of 2019 dt.21-01-2021
authorities have also fallen on deaf ears.
The counter affidavit on behalf of respondent
nos. 1 to 6 indicates that the petitioner was asked by the
Transport Department to make available the record
information under form BTC -56 so that necessary order
could be issued for payment of G.P.F. amount. It has also
been intimated to this Court by the respondents that the
Transport Department has sent the details given by the
petitioner to the Provident Fund Directorate with a request
for issuance of authority letter for payment of G.P.F.
amount. An amount of Rs. 3,82,219 towards the G.P.F.
amount of the petitioner has already been sanctioned and
paid to the petitioner. The group insurance amount due to
the petitioner for an amount of Rs. 1, 58, 871/- has also
been approved and paid to him.
Since the petitioner has been dismissed from the
service and a criminal case is pending against him, he cannot
claim the pension as a matter of right in view of Section 43
and 46 of the Bihar Pension Rules. Since gratuity is also
part of pension, the answering respondents have stated that
Patna High Court CWJC No.6252 of 2019 dt.21-01-2021
the same is not payable to him.
So far as leave encashment is concerned, in
accordance with the Circular No. 4564 dated 06.07.1993 of
the Finance Department, the payment of whole of leave
encashment or any part thereof can be withheld by the
competent authority in case of any departmental proceeding
or criminal offence or judicial investigation pending final
order or judgment or there is any possibility of recovery.
Learned counsel for the petitioner, however,
submits that since the criminal case against him is pending,
the entire pension cannot be withheld.
The aforesaid argument is not tenable in as
much as Section 43 and 46 of the Bihar Pension Rules do
provide withholding of whole or part of the pension of an
employee.
Future good conduct is an implied condition of
every grant of pension and the Government has a right of
withholding or withdrawing a pension or any part of it if the
pensioner is convicted of serious crime or is guilty of grave
misconduct.
Patna High Court CWJC No.6252 of 2019 dt.21-01-2021
Learned counsel for the petitioner has submitted
that a direction be given to the concerned respondent for
disposing of his representation in the light of the Judgment
of Hon'ble Supreme Court in Dr. Hira Lal vs. State of
Bihar and Others, (2020) 4 SCC 346.
The aforesaid case does not apply to the facts of
the case of the petitioner. Since the petitioner has already
been dismissed from service, a decision to withhold or
withdraw the pension is justifiable. However, there has to be
an order with reasons for withholding the entire pension and
gratuity. The same has not been brought on record by way
of counter affidavit but it has only been stated that except
for pension or gratuity, all other dues have been paid to the
petitioner. The leave encashment has provisionally been
withheld as there are chances that the employer might have
to go for the recovery of certain amount from the petitioner.
Learned counsel for the petitioner has submitted
that there are other dues, which yet have not been cleared.
Considering the circumstances and the facts of
this case, this Court disposes of this writ petition with a
Patna High Court CWJC No.6252 of 2019 dt.21-01-2021
direction to the petitioner to make a suitable representation
to the Transport Commissioner, Govt. of Bihar, Patna within
a period of eight weeks indicating in detail any amount which
is due under any one of the heads of the post retiral benefits
and the respondent no. 2 on receipt of that representation,
shall have the facts verified and shall pass necessary orders
in accordance with law within a further period of eight
weeks.
Needless to state that the order passed by the
respondent no. 2 shall be a speaking order and the same
shall be communicated to the petitioner forthwith. If any
amount is found to be due to the petitioner, that ought to be
paid to him at the earliest.
The writ petition stands disposed of.
(Ashutosh Kumar, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 06.02.2021
Transmission Date N/A
