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HARISH KUMAR
Dinesh Kumar Singh S/o Late Raghunath Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department, Bihar, Patna – Respondent
JUDGMENT :
Heard the parties.
2. The petitioner superannuated on 31.08.2020, while he was holding the post of Sub Inspector. On being aggrieved by the inaction of the respondent authorities, in not extending the benefit of pension and gratuity, the petitioner approached before this Court seeking a direction upon the respondents concerned to extend the retiral benefits, especially the gratuity and full pension.
3. The short facts, which led to the filing of the writ petition is that while the petitioner was posted as Sub Inspector of Police at Bibhutipur Police Station, in the meantime, the petitioner was trapped by a team of Vigilance Department, while accepting bribe, leading to institution of a criminal case bearing Vigilance P.S. Case No. 13 of 2016 dated 04.02.2016, registered for the offences punishable under Section 7/13(2) r/w 13(1)(D) of Prevention of Corruption Act. On the same charges a disciplinary proceeding also initiated simultaneously vide Proceeding No. 93 of 2019.
4. The departmental proceeding initiated against the petitioner finally culminated with the punishment of dismissal of the petitioner from his service vide order dated 15.04.2019, after holding the petitioner
Without a specific order for withholding gratuity, the action is unjust and beyond jurisdiction, entitling the petitioner to receive gratuity and remaining pension despite pending criminal proceeding....
The main legal point established is that under Rule 43(c) of the Bihar Pension Rule, 1950, employees facing departmental inquiry or judicial proceeding at the time of superannuation are entitled to p....
Gratuity cannot be withheld solely due to a pending criminal case as per the Bihar Pension Rule, 1950 Rule 43(c) and the judgment in Arvind Kumar Singh Vs State of Bihar and Ors 2018 (II) PLJR 933.
Rules concerning withholding post-retirement benefits cannot apply retrospectively if initiated after retirement.
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