KUMUD RANJAN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner in this writ petition is that though he was allowed to superannuate from service on 28.2.1997, certain payments towards post retiral dues have been kept withheld for no justifiable reason.

(2.) A counter affidavit has been filed on behalf of the respondents in which it is vaguely stated that after the enquiry officer submitted the report, directions have been issued by letter dated 26.9.1998 for payment of post retiral benefits to the petitioner. However, as in the said counter affidavit it is not stated as to on which date the enquiry report was received by them and what was the ultimate order passed by them in the disciplinary proceeding, this Court, vide order dated 13.8.1999, directed the respondents to file supplementary counter affidavit annexing the copy of the enquiry report and the order passed in the disciplinary proceeding within a period of three weeks.

(3.) THIS Court fails to appreciate as to how the said pensionary dues of the petitioner can be legally withheld without there being any finding of guilt. This Court in the case of Bajrang Deo Narain Sinha V/s. The State of Bihar & ors. (L.P.A. No. 124 of 1999, disposed of on 26.8.1999) [1999(3) PLJR 949] has held that the pensionary dues payable to the employee including gratuity, which is also pension within the meaning of the Bihar Pension Rules, cannot be withheld till such time as an order is passed under rule 43(b) of the Bihar Pension Rules. Similarly, the leave encashment dues also cannot be witheld since that is paid in lieu of unutilised leave and, therefore, partakes the character of salary.