ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 17-03-2025 Heard Mr. Vivek Prasad, the learned Advocate for the State/appellants and Mr. Rajendra Narain, the learned Senior Advocate for the respondent.

2. After the conviction of the respondent in the year 2017, his pension was withheld, leading to the present litigation.

3. The short facts necessary for deciding this appeal is that the respondent served as an Assistant Commissioner of Commercial Taxes, who superannuated on 30.09.2014. However, during the tenure of his service, a criminal case was instituted against him and others vide R.C. Case No. 64A of 1996 for the offences under Sections 120B read with Sections 420, 467, 468, 477A of the I.P.C and Sections 13(1)(c)(d) of the Prevention of Corruption Act, 1988.

4. The trial continued after the retirement of the respondent, on completion of which he was convicted vide judgment dated 23.12.2017.

5. The respondent, before his conviction and after his retirement, was getting 90 % pension in accordance with the provisions contained in Rule 43(b) of the Bihar Pension Rules, 1950.

6. Immediately after his conviction, the payment of pension was stopped, taking recourse to the p