AMJAD HUSAIN Vs. OF BIHAR

JUDGEMENT

(1.) At the outset, it is submitted by the learned counsel for the petitioner that during pendency of the writ application, the payment of pension and commutation of pension has been made to the petitioner, but the gratuity amount has not been paid till date. He has contended that the authority slip for payment of gratuity has already issued in favour of the petitioner on 2nd May, 2014 by the Assistant Accountant General, but the same is withheld by the respondents even without initiating any disciplinary proceeding against the petitioner.

(2.) On the other hand, learned counsel for the State has submitted that the amount of gratuity has not been paid to the petitioner because he is involved in financial irregularities and a decision in regard to payment of the amount of gratuity to the petitioner would be taken after receiving order from the Director, Primary Education, Bihar, Patna.

(3.) In reply, learned counsel for the petitioner submits that while in service, no disciplinary proceeding was initiated against the petitioner. However, a show cause was asked from him, which was immediately replied by the petitioner and vide impugned order dated 14.11.2014, as contained in Annexure-1 to the present writ petition, the District Programme Officer (Establishment), Vaishali dropped the disciplinary proceeding, but, while dropping the proceeding, he has ordered that the payment of gratuity amount would be made to the petitioner only after the order of the Director, Primary Education, Bihar, Patna in some other identical matters, which are pending before him. He has contended that any proceeding in respect of any other employee, which may be pending before the Director, Primary Education, would have no relevance so far as the claim of the petitioner for payment of the amount of gratuity is concerned.