RAMESH PRASAD THAKUR Vs. STATE OL BIHAR

JUDGEMENT

(1.) THE order assailed by this Letters Patent Appeal is dated 10.4.1995 on C.W.J.C. No. 2268/92, Ramesh Prasad Thakur V/s. The State of Bihar and others. During course of his service the petitioner found himself facing allegation which were enquired by the Vigilance Department with a result that three criminal cases were filed of grave financial irregularities committed by the petitioner during 1987 -88 and 1988 -89. A first information report was registered as P.S. Case Nos. 51/90, 23/91 and 53/91 on prima facie charges against the petitioner under sections 420, 467, 468, 471, 477A, 120(B) and 409 of the Indian Penal Code and further allegations under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 together with Section 13(2) read with section 13(1)(D) of the Prevention of Corruption Act, 1988. Today it is admitted at the Bar that charge -sheets have been filed and cognizance have been taken upon charge -sheets so filed. Even in so far the matter relating to promotion is concerned, the Bihar Public Service Commission has set the record aside by not considering this matter until the trial against the petitioner concludes.

(2.) UPON the petitioner retiring he received provident fund, leave encashment and group insurance. In addition the petitioner received 90% of his pension but 10% of the pension and the gratuity withheld awaiting completion of the trial of the criminal cases which have been instituted against the petitioner.

(3.) THE Court is unable to certify that the learned judge has committed any irregularity or illegality in not making directions, to the effect, that 10% of the pension withheld be delivered or for that matter gratuity be paid. It will not be appropriate for the Court to comment on the merit of the charges which have been filed. Suffice it to say that financial loss which has been reckoned if the charges were to be upheld stands recorded at Rs. 8,50,717/ -.