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PURNENDU SINGH
Ashok Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Anand Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. Subhash Chandra Mishra, Mr. Madhukar Mishra, and Mr. Pawan Kumar Chaudhary, learned counsel appearing on behalf of the State and Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General, Bihar.
2. The petitioner has filed the present writ petition for the following relief(s):—
1. (i) For quashing of part of the order dated 13.09.2018 contained in memo no.2057 issued by the Respondent no.5, by which he has directed to the Senior Treasury Officer, Bhagalpur for deduction Rs.8,50,000/- (Rs. eight lakhs fifty thousand) from the Gratuity amount of the petitioner (Annexure- 7).
(ii) For directing and commanding the respondents concerned to make arrear of payment as per the seventh pay commission.
(iii) For direction and commanding the respondents concerned to grant the benefit of third M.A.C.P. to the petitioner.
(iv) For direction and commanding the Respondent concerned to pay all the post retiral and consequential benefits for which petitioner is entitled as per the law established with Bank interest.”
3. The petitioner retired from the post of In-charge Headm
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.
Departmental proceedings can continue post-retirement, and acquittal in a criminal case does not exonerate an employee from departmental charges based on the same facts.
Gratuity withheld pending departmental proceedings post-retirement under CCS Pension Rules; leave encashment and insurance must be released absent specific legal prohibition.
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
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