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Judgment
Nobody appears on behalf of the petitioner. Learned
counsel for the State and the Accountant General, Bihar have
assisted the Court.
As has been submitted by learned counsel for the
State, the petitioner has been paid his other retiral dues as per his
entitlement but only 90% provisional pension and entire gratuity has
been withheld. It was submitted that the petitioner is facing trial in
the C.B.I. case relating to fodder scam. It was submitted that as per the amendment in the Bihar Pension Rules, 1950, the person against
whom criminal cases is going on, shall be paid only provisional
pension and entire gratuity will be withheld. Learned counsel also
drew the attention of the Court to Annexure-A, which is copy of
order dated 30.06.2016, passed in L.P.A. No. 145 of 2015 in the case
of Vijay Kumar Mishra vs. The State of Bihar and Ors ., in which
the Court has held that such amendment having been brought in the
Bihar Pension Rules, 1950, the withholding of 10% pension and
entire gratuity till the pendency of the criminal case cannot be
faulted.
In view thereof, the writ petition stands disposed off
with the observation that in the event the petitioner is acquitted of
the charges against him in the criminal case, he may move before
the authorities concerned, as the case may be, for payment of his
remaining retiral dues.