BAJRANG DEO NARAYAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these writ petitions filed under Article 226 of the Constitution of India raise common issue and, as such, with the consent of the parties, they have been heard together. Order present shall govern them.

(2.) Background facts of each case, however, are at some variance. They are, thus, noticed hereinbelow.

(3.) Petitioner superannuated as Touring Veterinary Officer of the Animal Husbandry Department of the Government. While in service, a criminal case [R.C. 45(A) of 1996] was lodged against him by the Central Bureau of Investigation under diverse provisions of the Indian Penal Code as well as Prevention of Corruption Act (for short "P.C. Act"). Upon superannuation, he was not being paid the provisional pension, as such, he filed a writ petition seeking appropriate direction upon the authorities of the respondent State to pay him the provisional pension. The same was allowed vide order dated 26.8.1999 [reported in 1999 (3) P.L.J.R. 949] whereafter he was in receipt thereof. In the meantime, he was convicted under those charges and sentenced besides imposition of fine by the Trial Court in the said criminal case launched against him and others vide judgment and order of conviction dated 25.9.2006 (Annexure-A to the counter affidavit). Aggrieved thereby, he filed appeal which has been admitted to hearing and he has been directed to be released on bail vide order dated 10.12.2007. The respondents thereafter served him a notice dated 14.1.2008 (Annexure-4) to show cause as to why pension be not stopped on account of his conviction of serious offence(s) relating to corruption charges. Petitioner filed reply (Annexure-5) stating therein that his appeal was pending consideration which should be treated as continuation of the criminal proceeding. On a consideration thereof, the respondent passed an order in purported exercise of powers conferred on the State under Rules 43(a) and (b) of the Bihar Pension Rules stopping payment of pension/gratuity on permanent basis. The said order has been challenged by filing the present writ petition C.W.J.C. No. 13795 of 2009