BALI RAM THAKUR Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) It was submitted that Rule 43(b) of the Bihar Pension Rules has been adopted by the Board and is applicable to the employer of the Board. Under Ruled 43(b) it is open to the Board to withheld a part or whole of the pension of the Petitioner vided a proceeding has been initiated or continue and it is found, that the Petitioner has been guilty of misconduct resulting in financial loss to the Board. It is not disputed that no such proceeding has been initiated against the Petitioner, and counsel for the Board explains that in. the absence of necessary evidence collected by the Vigilance Department with regard to the complicity of the Petitioner in the commission of the offence, it has not been possible for the Board to initiate a proceeding under Rule 43(b) of the Bihar Pension Rule as adopted by the Board.

(3.) The net result is that apart from the fact that a criminal case is pending against the Petitioner no order has been passed nor any proceeding initiated for withholding the pensionary dues to which the Petitioner is entitled. There is no rule or law which provides that if a criminal case is pending against an employee who has retired, he shall not be paid his pensionary dues.