Petitioner sought payment of withheld pension due to pending criminal prosecution. Respondent stated that 90% was paid and gratuity paid. Petitioner withdrew claim as to the remaining 10%. Application disposed. Outcome: dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7900 of 2014
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Dwijendra Kumar, Son of Late Shiv Narayan Prasad, resident of Flat No. 201, Sri Ganesh Sadan, Tilak Marg, North S.K. Puri, Patna - 800013
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the Respondent-State : Mr. Vijay Laxmi Srivastava, AC to SC-23 For the Respondent-AG : Mr. Kameshwar Prasad Gupta, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 10-04-2017
Referring to the contents of the counter affidavit filed on behalf of respondent no.5, learned counsel for the State submitted that prior to filing of the writ application, except pension and gratuity, all other retiral dues of the petitioner have already been paid. He submitted that after filing of the writ application, the
Patna High Court CWJC No.7900 of 2014 dt.10-04-2017
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gratuity amount has already been paid and the petitioner has been sanctioned and paid 90% of the pension because he is facing a criminal prosecution, vide Vigilance P.S. Case No. 48 of 2014 for embezzlement of government fund.
Considering the submission made by the learned counsel for the State and after going through the counter affidavit filed on behalf of respondent no.5, learned counsel for the petitioner submitted that as a criminal case is pending against the petitioner, he is not pressing the present writ application for payment of 10% of the pension, which has been withheld by the State.
Accordingly, the writ application is disposed of.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.04.2017 |
| Transmission | NA |
| Date |
1 issue framed by the court
Whether the pending investigation warrants continuation of withholding the remaining 10% of pension.
Dwijendra Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
