DR. SHOBHA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitioner-appellant filed a writ application, under Article 226 of the Constitution of India, seeking direction upon the respondents to make to him payment of full retrial benefits on the ground that he had retired from service on 31.07.2009. The writ petition gave rise to C.W.J.C. No.4881 of 2013.

(2.) In view of the fact that a disciplinary proceeding had been pending against the writ petitioner, the respondents sanctioned 90 per cent of the provisional pension on 03.10.2010, but gratuity and leave encashment were withheld in their entirety.

(3.) The case of the writ petitioner-appellant is that in the light of express mandate of Rule 43 (b) of Bihar Pension Rules, 1950, the respondents can withhold or withdraw a part or whole of pension only in those cases, where one has been found guilty of grave misconduct in departmental or judicial proceeding or who is found to have caused pecuniary loss to the Government by misconduct or negligence.