Allowed

Dr.Prem Shankar Shrivastava v. the State of Bihar and Ors.

Patna HC28 Mar 2014CWJC/13394/2007

Case brief

AI extract

What is this about?

Patna High Court held that mere pendency of criminal prosecution does not empower the State to withhold 10% pension or gratuity. Citing the Bihar Pension Rules, the court directed the respondent authorities to award and pay the remaining dues within three months.

What did the court decide?

Petition disposed of with a direction to the respondent to sanction and ensure payment of the remaining 10% gratuity and pension within three months.

Dr.Prem Shankar Shrivastava Vs the State of… — Pension and Retirement Benefits | Patna HC (2014)

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Patna High Court CWJC No.13394 of 2007 (5) dt.28-03-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13394 of 2007

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====================================================== Dr. Prem Shankar Shrivastava, son of Shri Shambhoo Nath Shrivastava, village and P.O. Khoripakar P.S.-Phefana District Ballia (U.P.) present address Mandal Market Shastrinagar, P.O. & P.S. Shastrinagar, District Patna.

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar through the Commissioner and Secretary, Human Resources Development Department, Vikash Bhawan, Patna.

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1. Commissioner and Secretary, Human Resources Development Department, Vikash Bhawan, Patna.

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Director (Administration) cum Joint Secretary, Human Resources Development, Vikash Bhawan, Patna.

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Inspectress cum Deputy Directoress of Schools, Bihar, nearby Dak Bunglow Chowk, Patna.

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District Provident Fund Officer, Darbhanga.

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Accountant General, Bihar, Patel Path, Patna.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Gautam Mr. Awadheshwr Prasad For the Respondent/s : Mr. (Sc6) Mr. J.P.Karn Mr. Chakradhari Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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5 28-03-2014 Heard learned counsel for the petitioner as well as learned counsel appearing for the State.

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Petitioner superannuated from the post of Principal, Mahila Primary Teacher’s Training College, Alalpatti, Darbhanga

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Patna High Court CWJC No.13394 of 2007 (5) dt.28-03-2014

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on 31.08.2007 and after retirement his 90% pension, 90% gratuity as well as other retiral dues were paid and 10% pension as well as 10% gratuity amount was withheld on the ground that departmental proceeding and criminal prosecution were pending against him.

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Learned counsel for the petitioner submits that petitioner has already been exonerated of the charges framed against him in the departmental proceeding and so far as pendency of criminal prosecution is concerned, the same does not give any right to concerned authorities to stop the pension and gratuity of the petitioner.

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Learned counsel for the petitioner relied upon a judgment of Division Bench of this Court reported in 1999(3) PLJR 949 (Bajrang Deo Narain Sinha vs. the State of Bihar and Ors.) in which it has been held by Division Bench of this Court that the State cannot withhold a pension or any part thereof till such time an order is passed under Rule 43(b) of the Bihar Pension Rules and it is only in the case of proved misconduct that a part or whole of pension can be withheld.

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Learned counsel appearing for the State submits that since the criminal prosecution is pending against the petitioner, his 10% gratuity amount as well as 10% pension have been withheld.

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Patna High Court CWJC No.13394 of 2007 (5) dt.28-03-2014

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It is admitted case of the parties that 10% gratuity amount as well as 10% pension have been withheld by the respondents on the ground of pendency of criminal case against the petitioner.

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Rule 43(a) of Bihar Pension Rules says as follows :-

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Future good conduct is an implied condition of every grant of pension. The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensionary is convicted of serious crime or be guilty of grave misconduct. The decision of the Provincial Government on any question of withholding or withdrawing the whole or any part of a pension under this rule, shall be final and conclusive.

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From bare perusal of Rule 43 of Bihar Pension Rules,

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it is clear that unless and until the employee is found guilty of grave misconduct in departmental proceeding or judicial proceeding, the State Government has got no right to withhold the pension of the employee.

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It is well settled that pension includes gratuity and, therefore, the perusal of above stated provision shows that mere pendency of departmental proceeding or criminal prosecution does

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Patna High Court CWJC No.13394 of 2007 (5) dt.28-03-2014

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not give power to the employer to withhold the benefit of pension and gratuity.

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In view of the aforesaid facts and circumstances, this petition stands disposed of with direction to respondent no. 3, the Director (Administration)-cum-Joint Secretary, Human Resources Development, Vikas Bhawan, Patna/concerned respondents to sanction and ensure the payment of remaining amount of gratuity as well as final pension to the petitioner within three months from the date of receipt/production of a copy of this order.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-

Dr.Prem Shankar Shrivastava v. the State of Bihar and Ors.

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Dr.Prem Shankar Shrivastava v. the State of Bihar and Ors.

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