RADHA RAMAN SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant-petitioner is aggrieved against the judgment dated 27th November, 2012, by which, the petitioner's writ petition was allowed with permission to the respondents-State to issue show cause to the writ petitioner before passing appropriate order of withholding the pension of the petitioner.

(2.) Appellant No. 1 is the employee while appellant no. 2 is wife of appellant no. 1 and appellant no. 3 is unmarried daughter of appellant no. 1. Appellant's No. 1 office was sealed on 29th January, 1996 when he was working under the control of Regional Director, Animal Husbandry, Ranchi. However, on 29th February, 1996 appellant no. 1 retired upon attaining the age of superannuation. In view of said raid and sealing of the office, several cases were registered against several persons. When appellant no. 1 was not paid the retirement dues, he preferred writ petition, being C.W.J.C. No. 1617 of 1997 (R), which was allowed vide order dated 29th April, 1998 and directions were given to the respondents to pay the retirement dues of the petitioner. The State preferred L.P.A. No. 356 of 1998 against the order dated 29th April, 1998, which was dismissed on 28th January, 2001. Then State filed a Review Application No. 19 of 2001, which was also dismissed. Thereafter, appellant no. 1 was granted pensionary benefits. However, in the year 2008 after conviction of the appellant no. 1 in one of the criminal cases his retirement benefits again stopped. Therefore, appellants preferred writ petition wherein learned single Judge set aside the order impugned with liberty to the State to issue show cause notice to the writ petitioner and thereafter pass appropriate order.

(3.) The appellants' contention is that the respondent-State has no jurisdiction to initiate any proceeding for withholding the pension of the petitioner in view of Clause (ii) under Proviso (a) of Section 43(b) of Bihar Pension Rules, 1950.