ARVIND KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All these matters; one writ petition and two appeals under Clause 10 of the Letters Patent, have been placed before us for consideration in view of references made by the Single Bench and the Division Bench respectively.

(2.) The legal questions involved, pertains to the right of the State Government in withholding full gratuity and encashment of Earned Leave in cases of employees against whom, at the time of superannuation departmental or criminal proceedings were pending. The question further referred is with regard to the divergent views taken by two Division Benches of this Court in the case of Vijay Kumar Mishra Vs. The State of Bihar & Ors., (2017) 1 PLJR 575 and Bajrang Deo Narain Sinha Vs. State of Bihar, 1999 3 PLJR 949.

(3.) Before adverting to consider the legal issues involved, it would be appropriate to consider the facts of each case.