KASHI NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER retired from the post of Additional Director, Health Services, Government of Bihar on 31st May, 2001. He has filed this writ petition for a direction to the respondents to sanction and pay full pension and gratuity and other retiral benefits. Shri Gupteshwar Bedua Versus Magadh University

(3.) ON behalf of petitioner reliance has been placed upon a Division Bench Judgment of this Court in the case of Bajrang Deo Narayan Singh V/s. The State of Bihar [1999 (3) PLJR 949] to submit that the State cannot withhold pension or any part thereof till such an order is passed under Rule 43(b) of the Rules and such an order can be passed only in case of proved mis -conduct so as to withhold a part or full of pension. Learned counsel for the petitioner has also placed reliance upon a judgment in the case of Dr. Ranjeet Kumar V/s. The State of Bihar [2001 (4) PLJR 768] to submit that the learned Judge who passed the judgment which is relied upon by the State and is contained in Annexure - E to the counter affidavit has subsequently taken a different view and followed the principle laid down in the case of Bajrang Deo Narayan Sinha (supra). Dr. Ranjeet Kumar was also said to be involved in the M.S.D. Scam in which C.B.I. is making inquiries. In his case it was held that State cannot withhold any amount of pension on a mere vague enquiry being conducted by the C.BJ. and accordingly direction was issued to make necessary payments subject however, to final out -come of the C.B.I. inquiry.