RAJENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHILE the petitioner was in service a disciplinary proceeding was initiated against him. Before the said departmental proceeding was concluded he retired.

(2.) THE petitioner has filed the present writ petition seeking his retiral/terminal dues. In the counter affidavit it has been stated that whatever was legally due and payable to the petitioner the same have been paid to him except pension, gratuity and leave encashment but to the extent of 90% of the same have also been paid. It is the contention in the counter affidavit that the disciplinary proceeding, which could not be concluded before the petitioner retired, has been decided to be converted into a proceeding under sec. 43(b) of the Bihar Pension Rules and, accordingly, provisional gratuity to the tune of 90% has been settled in favour of the petitioner and full earned leave payable to the petitioner has also been paid.

(3.) THERE is no dispute as regards to the earned leave; according to the Accountant General hundred per cent earned leave payable to the petitioner has been released but according to the petitioner 90% thereof has been released. The Accountant General is requested to look into the matter afresh and to communicate to the petitioner in relation thereto within the period, as mentioned above. In the event it is found that 90% has been paid and not 100%, let the remaining 10% be released. It is clarified that under no circumstances any part of the earned leave can be refused to be paid for Rule 43B does not authorize withholding of earned leave.