The main legal point established in the judgment is the non-entitlement of 10% pension and 10% gratuity due to the pending criminal case, as per the Bihar Pension Rules, Rule 43(c). The judgment also highlighted the legal principles governing the payment of retiral dues.

JUDGMENT

Mohit Kumar Shah, J. - Heard the learned counsel for the petitioner and learned counsel appearing for the State Sri Ramadhar Singh, G.P.- 25.

2. The present writ petition has been filed for directing the respondent-authorities to pay the outstanding retiral dues i.e. 10% pension, 10% gratuity, leave encashment and statutory interest on the delayed payment of the G.P.F. amount. The petitioner has also prayed for payment of salary for the strike period i.e from 07.01.2019 to 09.02.2019 as well as full salary w.e.f. 25.12.2010 till the date of retirement i.e. 31.01.2012, apart from payment of arrears of salary as per the Sixth Pay Revision report, w.e.f. 01.04.2007 and the benefit of 3 rd M.A.C.P.

3. The brief facts of the case are that the petitioner was appointed as a clerk, whereafter he had joined on the said post in the Health Department and he has been working as Clerk w.e.f. 01.05.1976. It is the case of the petitioner that while he was posted as Head Clerk in the office of Civil Surgeon-cumChief Medical Officer, Siwan, he got involved in one police case bearing Siwan Town PS case no. 184 of 2011, registered under Section 409 of Indian Penal Code on the charge of committing gross irregularities in purchase and distribution of medicines during the period 2005-08, not handing over the charge of Store Register and not handing over the purchase orders and bills regarding purchase of medicines worth a sum of Rs. 35 lacs relating to the period 2007-08. It is stated that the petitioner was suspended from service w.e.f. 25.12.2010, however during the course of suspension from service, the petitioner retired on 31.01.2012, whereafter the suspension order was revoked vide memo dated 28.02.2014. It is the contention of the petitioner that the petitioner has been representing before the concerned authorities regularly, however the aforesaid outstanding retiral dues have not been paid to the petitioner herein.

4. The learned counsel appearing for the State, by referring to the counter affidavit filed on behalf of the respondent no. 5 has submitted that the petitioner retired on 31.01.2012 while working as Head Clerk, Sadar Hospital, Siwan and before that, he was placed under suspension vide Memo dated 25.04.2010 in view of the allegation of commission of financial irregularities and lodging of F.I.R. bearing Siwan Town PS case no. 184 of 2011. Nonetheless, it is stated that a sum of Rs. 3,20,740/- has been paid to the petitioner under the head of leave encashment, a sum of Rs. 38,461/- has been paid under the head of outstanding admissible dues on account of differential amount of A.C.P., a sum of Rs. 30,412/- has been paid on account of admissible dues of arrears of Sixth Pay Revision apart from a sum of Rs. 90,969/- having been paid to the petitioner pertaining to the admissible dues of differential arrears of Sixth Pay Revision. It is further stated that a sum of Rs. 16,05,185/-, including interest for six months, has been paid to the petitioner under the head of G.P.F. amount, apart from issuance of letter dated 09.07.2020, sanctioning a sum of Rs. 6,47,508/- by way of interest for the period August, 2012 to August, 2016. It is thus submitted that apart from 10% pension and 10% gratuity, which is not admissible to the petitioner on account of the pending criminal case, all other retiral dues of the petitioner has stood paid.

5. It is the further contention of the learned counsel for the respondent-State, by referring to the counter affidavit filed on behalf of respondents no. 2 and 3, that the petitioner was suspended on 25.12.2010 by the then Civil Surgeon, Siwan on account of various charges including that of financial irregularities and on the same day, F.I.R. was lodged against the petitioner. It is stated that the Civil Surgeon has informed that the petitioner had not submitted his joining at the Headquarters during the suspension period, as a result of which the suspension allowance w.e.f 25.12.2010 till the date of r