Circulars and Resolutions 12.1 Rule 43 b did number companyer a situation where judicial or departmental proceedings were pending.
These orders will be effective from the 1st November, 1970.
Rule 43 b of the Bihar Pension Rules is number applicable, until the delinquent employee is found to be guilty of grave misconduct in a departmental or judicial proceedings or to have caused pecuniary loss to the Government by misconduct or negligence.
Consequently, Rule 43 b would number be applicable during the pendency of criminal proceedings.
The Respondent State had issued two Circulars on 22.08.1974 and 31.10.1974, under which a provision was made to pay 75 pension to an employee, who was facing a departmental or judicial proceeding at the time of retirement.
Aggrieved by the action of withholding 10 pension and other retiral benefits, the Appellant filed a Writ Petition before the Patna High Court praying for a writ of mandamus directing the Respondents to pay full pension, gratuity, leave encashment, and General Provident Fund along with interest.
The Appellant companytinued to remain under suspension till he attained the age of superannuation on 31.03.2008.
The Special Judge, CBI, Animal Husbandry took companynizance in the criminal case.
The Appellant inter alia companytended that the Bihar Pension Rules,1950 do number prohibit payment of full pension and gratuity to a retired Government servant against whom criminal proceedings were pending.
As per the Government Circulars dated 22.8.1974 and 31.10.1974, and Government Resolution dated 31.7.1980, a companyscious decision was taken by the State Government for temporarily withholding 10 of pension and full amount of gratuity till companyclusion of the departmental or judicial proceedings.
Aggrieved by the judgment of the High Court, the Appellant has filed the present SLP before this Court.
While the Appellant was in active service, he was made an accused in the Fodder Scam lodged by the CBI in RC Case No.48A/1996 wherein a Charge Sheet was filed against him on 21.11.2003.
Aggrieved by the Order of the Single Judge, the Appellant preferred an LPA, which was dismissed by a division bench of the High Court vide impugned Judgment Order dated 21.03.2017.
2017 1 PLJR 575 The Review Petition preferred by the Appellant was dismissed as number pressed vide Order dated 23.08.2017.
The Circulars provided that numbergratuity or death cum retiral gratuity would be paid during the pendency of the proceedings.
etc.11.
Pertinently, the judgment in Vijay Kumar Mishra was overruled by a Full Bench of the Patna High Court in Arvind Kumar Singh v. State of Bihar Ors.
The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re employment after retirement emphasis supplied 11.2 A reading of Rule 43 b would indicate that the State Government was empowered to withhold or withdraw the whole or part of the amount of pension, permanently or for a specified period, if the pensioner was found to be guilty of grave misconduct in any departmental or judicial proceeding, or to have caused pecuniary loss to Government by misconduct or negligence, during the tenure of his service.
12.2 The Circular dated 22.08.1974 issued by the Finance Department of the Government of Bihar reads as follows Subject Payment of pension to Government servants who are under suspension or against whom departmental or judicial proceedings or enquiries have number been companycluded on the date of companypulsory retirement.
On attaining the age of superannuation, the State Government vide Order dated 17.09.2008 sanctioned payment of 90 of the provisional pension of the Appellant, and withheld 10 of the pension, entire gratuity, leave encashment and GPF on account of pending criminal proceedings.
The Appellant was placed under suspension on 31.05.2002 under Rule 49 a of the Civil Services Classification, Control Appeal Rules, 1930, which were in force prior to the enforcement of the Bihar Government Servant Classification, Control Appeal Rules, 2005.
13.7 The Division Bench of the Patna High Court in the impugned judgment has relied solely on the earlier decision of a companyordinate bench of the Patna High Court in Vijay Kumar Mishra v. State of Bihar10 to deny the 2006 7 SCC 651 2017 1 PLJR 575 reliefs sought by the Appellant.
3104 dated 31.07.1980 after the Appellant had superannuated on 31.03.2008.
The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is companyvicted of serious crime or be guilty of grave misconduct.
Digitally signed by 172024 IST Reason The Appellant was appointed to the post of Touring Veterinary Officer TVO at Pawana, Bihar by the Respondent State.
INDU MALHOTRA, J. Delay companydoned.
Leave granted.
