ORAL JUDGMENT

Date : 15-01-2024 Heard Mr. Prabhu Nath Pathak, learned counsel for the petitioner and Mr. Ravi Bhardwaj, learned counsel for the State.

2. The petitioner, who superannuated on 29.02.2020 from the post of Chief Engineer (Advance Planning Wing) and In-charge Engineer-in-Chief, Road Construction Department, Bihar, Patna, has filed the present writ petition seeking quashing of the order as contained in Memo No.3278(s) dated 03.06.2020 issued by the Deputy Secretary (Management Cell), Road Construction Department, Bihar, Patna, whereby and whereunder 10% of pension and 10% of gratuity have been withheld on account of pendency of investigation of C.B.I.

relating to Bitumen attached with Road Division, Munger.

3. It is submitted on behalf of the petitioner that admittedly the petitioner superannuated on 29.02.2020 and the date on which the petitioner superannuated, there was neither any pending departmental proceeding nor judicial proceeding in relation to any criminal case against him. He further submitted that admittedly in contemplation of a departmental proceeding vide Notification No. 1240(S) dated 14.02.2020 issued by the Government of Bihar in the Department of Road Con