DR. BIMAL KANT DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajesh Mohan, learned counsel for the review petitioner.

(2.) This Civil Review Application has been filed against judgment and order dated 12.02.2015, passed in Letters Patent Appeal No. 1091/2012. The review petitioner was the writ petitioner. Because of the writ petitioner's/review petitioner's involvement in the Animal Husbandry scam, while in service, he was put under suspension. He superannuated while under suspension. Thereafter, on 30.04.2007, he was convicted by the CBI Court for fodder scam to various terms of imprisonment extending to four (4) years, by then, he had superannuated. This was done by the criminal Court in the State of Jharkhand, where he was being prosecuted. This came to the notice of the State of Bihar, and thereafter, they issued notice to the writ/review petitioner for withholding the entire retiral benefits including pension in terms of Rule 43(a)/(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as the "Rules"), and thereafter, final orders were passed on 08.04.2011 by the State Government, withholding the entire pensionary benefits, on the ground that he had been found guilty and convicts for imprisonment for embezzlement of government money. In the meantime, being aggrieved by the conviction, writ petitioner filed a criminal appeal before the Jharkhand High Court, being Criminal Appeal No. 694/2007. Even though, appeal was admitted, his sentence was not suspended nor he was granted bail which was granted only after two years, but his conviction has never been suspended. He filed the instant writ petition in the Court which was heard by learned Single Judge, who allowed the writ petition, and set aside the order of withholding pension. It is that order which was challenged by the State in the Letters Patent Appeal. Notices were served on the writ petitioner who was respondent in the State appeal but no one appeared. The Court waited and adjourned the matter, but no one appeared. The Letters Patent Appeal was allowed and judgment and order of the learned Single Judge was set aside by order dated 12.02.2015 passed in Letters Patent Appeal No. 1091/2012.

(3.) This Civil Review Application has been filed on two grounds. Firstly, the writ petitioner, who was respondent in the Letters Patent Appeal, was not heard and, secondly, the criminal appeal being pending, pensionary benefits could not be withheld.