(1.) Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner, Mr. P.K. Verma, the learned A.A.G. 3 for the State and Mr. (Dr.) Anand Kumar, the learned counsel appearing on behalf of the Accountant General.
(2.) The petitioner seeks following reliefs in this writ petition:
(3.) Admittedly the petitioner entered in the Bihar Administrative Service in the year 1989 and the petitioner worked in different capacities till his retirement. The petitioner retired from the post of Additional Secretary, SC and ST Welfare Department, Government of Bihar on 29/2/2020. While the petitioner was working as Municipal Commissioner, Nagar Nigam, Muzaffarpur, the petitioner was charged for committing financial irregularity in purchasing submersible pumps and garbage tripper. For that Vigilance P.S. Case No.56 of 2018, corresponding to Special Case No.26 of 2018 was registered under Ss. 409, 467, 468, 471 and 120(B) of the Indian Penal Code and under Ss. 13(2) read with 13(1)(a) of the Prevention of Corruption Act. The petitioner after his retirement filled up his form for payment of pension and pensionary benefits but the General Administration Department vide Memo No.5241, dtd. 3/6/2020 ordered for only payment of 90% provisional pension to the petitioner. Payment of entire gratuity and leave encashment were withheld and, thus, the petitioner moved this Court.