TAPEN SEN, J. - (1.) IN this application the petitioner prays for quashing the order dated 26.06.2003 as contained in Annexure 6 by which the petitioner's full gratuity amount, salary for the period 14.02.1996 to 31.10.1998 and; arrears of leave encashmen on account of revision of pay has been withheld. According to the petitioner, in the absence of any proceedings under Rule 43(b) of the Bihar Pension Rules, the respondents have no authority to withhold the aforementioned post retiral dues and that too, when the respondents have already released full pension including Dearness Allowance in the revised scale. According to the petitioner, since full pension has been sanctioned by the competent authority, he is therefore entitled to the full amount of gratuity.
(2.) HEARD the parties and this application is being disposed off at this stage. The petitioner, while posted as an Accountant in the Department of Animal Husbandry, Dumka, retired on 31.10.1988. Prior to his retirement i.e. 14.02.1996, he was put under suspension for alleged involvement in the Animal Husbandry case numbered as RC No. 38 -A of 1996. He continued to be in suspension and in the mean time, retired on 31.10.1998.
(3.) AFTER retirement he moved the Hon'ble Patna High Court vide C.W.J.C. No. 10648 of 1998 and by order dated 30.08.1999 an Hon'ble single Judge held that since the petitioner has already superannuated, there is no question therefore of the order of suspension remaining in force and in that view of the matter, the Writ Petition was disposed off giving liberty to the petitioner that it would be open to him to pray for salary and pensionary .benefits etc. before the competent authority.;