STATE OF BIHAR Vs. BRAJ NANDAN PRASAD VERMA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by respondent no.5 of the Writ Petition being C.W.J.C. No. 1293 of 2001, which was allowed by the learned Single Judge vide judgment and order dated 15th March, 2013, whereby, the learned Single Judge has ordered to pay 10% Pension which was withhold by the Government; the learned Single Judge has allowed payment of Gratuity which was also withhold by the Government; and the learned Single Judge has allowed payment of encashment of Earned-Leaves which was also withhold by the Government mainly for the reason that this respondent no.1 (original petitioner) was convicted for 6 years rigorous imprisonment for the offence under "Animal Husbandry Scam" which is also popularly known as "Fodder Scam" and fine of Rs.1,80,000/- was imposed by the competent trial court. Criminal Appeal was preferred by this respondent no.1 (original petitioner) in which order of suspension of sentence has been passed. The amount of fine has not been paid by this respondent no.1 (original petitioner). Reasons:

(2.) Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that respondent no.1 is an original petitioner. The Government has withheld 10% Pension, Gratuity and encashment of Earned Leave of respondent no.1, who has retired on 31st January, 1996, mainly for the reason that the Central Bureau of Investigation (CBI) has started inquiry against respondent no.1.

(3.) Ultimately, the Central Bureau of Investigation filed a charge sheet and respondent no.1 (original petitioner) was convicted in a case which is popularly known as "Animal Husbandry Scam" or "Fodder Scam" for six years rigorous imprisonment and fine of Rs.1,80,000/- was also imposed. For this reason, 10% Pension, Gratuity and encashment of Earned Leave have been withhold by the Government.