Patna High Court
The State Of Bihar vs Hari Kishore Sinha on 21 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.186 of 2021
In
Civil Writ Jurisdiction Case No.3968 of 2020
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1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Govt. of Bihar,
patna
3. The Engineer in Chief Road Construction Department, Govt. of Bihar, Patna
... ... Appellant/s
Versus
Hari Kishore Sinha
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Subodh Kumar ( Ac To Sc 26)
For the Respondent/s : Mr. Shahabuddin Azeem @ S. Azeem, Adv.
Mr. Akshay Lal Pandit, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 21-02-2023
Re: Interlocutory Application No. 02/2021.
The present Interlocutory Application has been
filed for condoning the delay of 222 days in preferring the
instant memo of appeal.
For the reasons mentioned in the Interlocutory
Application, the delay of 222 days is condoned.
The Interlocutory Application No. 02/2021
stands allowed.
Patna High Court L.P.A No.186 of 2021 dt.21-02-2023
L.P.A. No. 186/ 2021
Heard Mr. Subodh Kumar, the learned Advocate
for the appellant/State and Mr. Shahabuddin Azeem, the
learned Advocate for the sole respondent.
The respondent was proceeded against
departmentally on the charge of his having accepted a
bribe of Rs. 3,000/- from some contractor while he was
posted as an Assistant Engineer. The respondent had been
caught in flagrante delicto. However, for the reason of the
proceeding not having been carried out in accordance with
the provisions prescribed under Bihar C.C.A. Rules, the
proceedings were quashed by a Bench of this Court vide
order dated 16.04.2018 passed in C.W.J.C. No. 961 of
2015.
While quashing the entire departmental
proceeding and consequent order of termination, the
respondent was held to be entitled to all the consequential
benefits. However, the Bench permitted the State to
initiate a fresh proceedings against the respondent after
observing the procedure prescribed under law, in case so
Patna High Court L.P.A No.186 of 2021 dt.21-02-2023
deemed necessary.
It appears from the pleadings in the appeal that a
proceeding under Section 43 (B) of the Bihar Pension
Rules was initiated against the respondent. However, in
the meantime, for the non-compliance of the order dated
16.04.2018 passed in C.W.J.C. No. 961 of 2015, referred
to above, the respondent preferred a contempt petition
vide M.J.C. No. 2959 of 2018 which was disposed of on
16.08.2019 as the Court was made to understand that
there was substantial compliance of the order. However,
the respondent was given the liberty to assail the order
passed by the authority in an appropriate proceeding.
Thereafter, the respondent again approached this
Court vide C.W.J.C. No. 3968 of 2020, armed with the
order passed in the M.J.C. No. 2959 of 2018, claiming
that he has not been paid his retiral benefits i.e. pension,
gratuity, leave encashment and other dues which had been
directed to be paid to him as a consequence of the
quashing of the entire departmental proceeding as also the
order of termination of the respondent.
Patna High Court L.P.A No.186 of 2021 dt.21-02-2023
The Bench, in this instance, vide order dated
24.06.2020 recorded that the respondent had retired on
31.12.2014 and that any proceedings against him,
notwithstanding the leave given by the Bench in C.W.J.C.
No. 961 of 2015 to start a fresh proceeding against the
respondent, could be carried out only in consonance with
the provisions contained in Rule 43(B) of the Bihar
Pension Rules and not otherwise. However, the Bench vide
order dated 24.06.2020, referred to the above, concluded
that the respondent be paid GPF, group insurance, leave
encashment and all other dues which are admissible to
him, if already not paid, within a fixed period of four
months, failing which, the respondent would be entitled to
recover 9% interests on all post retiral dues from the date
of filing of the writ application i.e., 19.02.2020 till the
date of actual payment.
This did not satisfy the respondent and on the
limited issue of the desirability of getting interest on the
retiral dues, from the date of retirement and not from the
date of filing of the writ petition as directed by the learned
Patna High Court L.P.A No.186 of 2021 dt.21-02-2023
Single Judge, an appeal was filed by the respondent vide
L.P.A. No. 72 of 2021, which was dismissed vide order
dated 09.09.2021.
Mr. Subodh Kumar, the learned Advocate for the
appellant has stated that because of such orders, except
the leave encashment, the respondent has been paid 90%
of the gratuity amount and is being paid provisional
pension to the extent of 90% and other retiral dues.
The reason for preferring this appeal is that at all
stages, the respondents did not intimate the Courts that
the proceeding under Rule 43(B) of the Bihar Pension
Rules was pending. Such orders by the Courts appear to
have been passed without calling for an affidavit in
response to the petitions filed by the respondent.
Since, every other amount due to the appellant,
except leave encashment has been paid to the respondent,
we rest this appeal with a direction to conclude the
proceeding initiated against the respondent as
expeditiously as possible, preferably within a period of four
months.
Patna High Court L.P.A No.186 of 2021 dt.21-02-2023
Till the conclusion of the proceedings, nothing
shall be payable to the respondent and any decision with
respect to payment or recovery from the respondent, if
any, would be subject to the result of the proceedings
pending against the respondent under Rule 43 (B) of the
Bihar Pension Rules.
The appeal stands allowed and disposed of to the
extent indicated above.
(Ashutosh Kumar, J)
shivank/sunil- (Harish Kumar, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2023.
Transmission Date NA
