GANGA NARAIN LAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This appeal is directed against the order dated 9-5-2002 in CWJC No. 1711/ 2002 (Ganga Narain Lal Das v. The State of Bihar and Ors.) passed by the learned Single Judge rejecting the prayer of the writ petitioner for release of full pension, gratuity and entire amount of GPF.

(3.) Admitted fact is that a criminal case is pending against the petitioner and in terms of the circulars issued by the State Government, during pendency of a criminal case, full pension including gratuity cannot be released, and as such the order of the learned Single Judge so far as it relates to rejection of the prayer for payment of entire amount of pension and gratuity is concerned, the same is not interfered with. So far as the amount of GPF is concerned, learned Counsel for the appellant relied upon a judgment rendered by the Division Bench of this Court in the case of the State of Bihar and Ors. v. Ganga Bishnu Mahto and Ors., (2001 (4) PLJR 435) and stated that the same cannot be withheld. In view of the aforesaid decision, the amount due towards GPF cannot be withheld during pendency of the criminal proceedings.