DUDH NATH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE short facts leading to the filing of the letters patent appeal are as follows:

(2.) THE submissions of the learned Counsel for the appellant in brief is as follows: (A) The Government has no power to withhold pension/gratuity and leave encashment on the ground of pendency of judicial/departmental proceeding. (B) Rule 43 of Bihar Pension Rules provides the withholding of the pension amount only when the pensioner is found to be guilty of grave misconduct, in the Departmental or Judicial Proceedings. In this case no departmental proceeding concluded finding him guilty nor any judicial proceeding ended in conviction finding him guilty. Admittedly, leave encashment is not covered under Rule 43. Therefore, the order passed by the department withholding the 10% pension and entire gratuity and entire leave encashment under this Rule is wholly illegal.

(3.) WITH reference to the Circular sought to be relied upon by the counsel for the respondents, the counsel for the petitioner would submit that the said circular has no force of law since the same has been issued without any power conferred under the Act or Rules.