The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.

JUDGMENT

Rajeev Ranjan Prasad, J. - The present writ application was initially preferred for the following reliefs:-

(i) For payment of Pension, Leave encashment and gratuity admissible after retirement and other retiral benefits.

(ii) For further direction for payment of interest of 12% upon aforesaid amount till date of actual payment.

(iii) For any other relief/relief s the petitioner entitled for in the facts and circumstances of the case.

2. The petitioner who was holding the post of Statistical Supervisor in Bakhtiyarpur Block, Patna was arrested after he was trapped by the Department of Vigilance while accepting a sum of Rs. 8000/- in cash from the complainant. One F.I.R. being Vigilance Case Number 3 of 2014 dated 11-04- 2014 under Section 7/13 (2) read with Section 13 (1) (a) of the Prevention of Corruption Act was registered, petitioner was suspended under rule 9 (2) (d) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the Rules of 2005 ) with effect from 11-04-2014. He was granted bail in the Vigilance Case and while the said case is still pending, a departmental proceeding was initiated against the petitioner and he was served with Prapatra d vide memo no. 771 dated 03-06-2014 (Annexure - 2 series).

3. It is stated that after his release on bail, the petitioner joined at the headquarter Bettiah (West Champaran) from where he superannuated on 31-08-2015. The departmental proceeding initiated against the petitioner prior to his retirement was converted in a proceeding under Rule 43 (ka) of the Bihar Pension Rules (hereinafter referred to as the Pension Rules ). By a memo no. 1390 dated 19-07-2016 (Annexure 7 to the writ application) petitioner was communicated that the departmental proceeding against him has been converted under the Pension Rules.

4. The petitioner moved this Court with a grievance that after his retirement, though, he has been provided with his General Provident Fund (GPF) and Group Insurance amount in the month of December 2016, his other retiral dues such as gratuity, leave encashment have not been paid and no step has been taken for fixation of his provisional pension. In this regard, he drew the attention of this Court towards his representation as contained in annexure 8 series to the writ application.

5. The petitioner submitted that he is suffering from diabetes and other medical problems and because of non-payment of legitimate retiral dues and in absence of commencement of his provisional pension he is on the verge of starvation.

6. In the counter affidavit filed on behalf of respondent nos. 4 and 6 it was informed that in the departmental proceeding, the petitioner has been awarded the punishment of withholding of his total pension under Rule 43 (ka) of the Pension Rules and in this regard memo no. 1533 dated 18-07-2017 has been issued. The said respondent took a stand that since vigilance case is still pending, after final judgment by the Hon ble Court gratuity and pension order will be affected.

7. Counter affidavit has also been filed on behalf of respondent nos. 3 and 5 in which the stand of respondent nos. 4 and 5 has been endorsed. Annexure E to the counter affidavit is the copy of Memo no. 1533 dated 18.07.2017.

8. In view of the order passed by the respondents, awarding punishment of withholdment of 100% pension which includes gratuity, the petitioner filed an application being I.A. No. 1 of 2020 seeking amendment to the writ application. In the amendment petition, the following reliefs have been prayed:-

(a) To order contained in memo no-1533 dated 18.07.2017 issued by the Director, Planning and Developmental Department (Economics & Statistics Directorate), Govt. of Bihar, Patna whereby and where under the punishment of withholding of full pension has been imposed against the petitioner. A copy of memo no. 1533 dated 18.07.2017 is annexed as ANNEXURE9 to this application.

(b) To quash the Appellate order contained in memo no. 979 d