PARAM HANS KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Santosh Kumar Sinha No.2, learned counsel for the petitioner duly assisted by learned counsel Mr. Arvind Prasad Singh, Mr. Vivekanand Kumar, learned counsel for the respondent Accountant General and Mr. Hari Shankar Rai, learned Assistant Counsel to Advocate General for the State.

(2.) The present writ application has been filed seeking direction upon the respondents to ensure payment of post retiral dues, including gratuity, leave encashment with statutory interest and other benefits, which has been withheld by the order issued by the Commissioner Commercial Taxes cum Principal Secretary, Commercial Taxes Department, Government of Bihar, Patna, as contained in letter no.6/PE U 14-15/2012, 670, dtd. 1/3/2013.

(3.) The short facts in narrow compass is that the petitioner joined the service on 12/9/1984, on the post of Commercial Taxes Officer in the office of Joint Commissioner Commercial Taxes, Patna Division, Patna. After completion of probation, he was posted in Urban Circle Officer, Jamshedpur, on the post of Commercial Taxes Officer. It is further submitted that somehow or other on account of certain allegation, the petitioner was charged in the Fodder Scam bearing Case No. RC63A/96 (Pat). During the pendency of the aforesaid criminal case, the petitioner retired from his service on 31/12/2012 from the office of the Joint Commissioner, Commercial Taxes (Audit) Patna.