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HARISH KUMAR
Pawan Kumar – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—This Court has heard Mr. Abhinav Srivastava, learned Advocate for the petitioner and Mr. Rajan, learned Advocate representing the State.
2. The petitioner, who superannuated on 30.11.2015 from the post of Joint Commissioner, Commercial Taxes of the State Government, has preferred the present writ petition seeking quashing of the notification contained in Memo No. 6061 dated 28.11.2018 issued by the Deputy Secretary to the Government in the Department of Commercial Taxes, Bihar, Patna by which 25% of the 90% of the provisional pension for the period of five years has been deducted in terms of Rule 139 of the Bihar Pension Rules, 1950, as the services of the petitioner have not been found to be satisfactory. The petitioner also sought a direction upon the respondent authorities to ensure the payment of gratuity and leave encashment along with other admissible benefits, upon his being superannuated on 30.11.2015, as there was neither any departmental proceeding/judicial proceeding pending against him nor there is any other valid reason for not making payment of the said retirement benefit. The petitioner further seeks a direction upon the concerned respondents to ensur
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
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.
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