All these matters; one writ petition and two appeals under Clause 10 of the Letters Patent, have been placed before us for consideration in view of references made by the Single Bench and the Division Bench respectively.

2. The legal questions involved, pertains to the right of the State Government in withholding full gratuity and encashment of Earned Leave in cases of employees against whom, at the time of superannuation departmental or criminal proceedings were pending. The question further referred is with regard to the divergent views taken by two Division Benches of this Court in the case of Vijay Kumar Mishra Vs. The State of Bihar & Ors., 2017 (1) PLJR 575 and Bajrang Deo Narain Sinha Vs. State of Bihar, 1999 (3) PLJR 949.

3. Before adverting to consider the legal issues involved, it would be appropriate to consider the facts of each case.

4. In C.W.J.C. No. 15328 of 2016, the petitioner therein Sri Arvind Kumar Singh was working as an Assistant Engineer in the Public Works Department. He was appointed in the year 1980, was promoted from time to time and on 22.08.2013, while he was working as Superintending Engineer in the Rural Works Department, Works Circle, Siwan,