CHHOTE LAL PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition was preferred by the petitioner against the order dated 25th June, 2001, whereby and where -under, the Director. Health Services, Bihar, Patna withheld the entire Pension Gratuity, leave encashment and G.P.F. of petitioner permanently under Rule 43 (b) of the Bihar Pension Rules, 1950.

(2.) AS the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.

(3.) THE petitioner having not paid the total retiral benefits moved before this Court in C.W.J.C. No. 2452/98 (R), which was disposed of on 2nd August, 1999, taken into account the stand taken by the petitioner that he handed over most of the items and the stand taken by the respondents in their counter affidavit that the petitioner in spite of different letters and show cause, had not handed over the different materials and documents (Cash Book etc.) and certain observations made against him in the Audit Report relating to expenditure on day -to -day allowances made by the petitioner to the tune of Rs. 11,98.I67/ - excess to the budget allotment. The Court while observed that it was open to the respondents State to withhold full or part pension, including Gratuity under Rule 43 (b) and 139 of the Bihar Pension Rules, took into consideration that no such proceeding under Rule 43 (b) was initiated. Accordingly, the Secretary, Health Department, Government of Bihar was directed to make proper enquiry from the concerned office and if any amount was found recoverable from petitioner, to supply the list of articles and cost thereof, with liberty to petitioner to give reply. It was further observed that if no decision is taken within four months period then to release the provisional Pension and Gratuity within six months with liberty that if decision is taken on such notice and enquiry, the respondents are to pass appropriate order in accordance with law.