Narendra Nath Tiwari, J. - (1.) In this writ petition the petitioner has prayed for a direction on the respondents to fix and pay all his retiral benefits such as the amount of gratuity,'balance of 10% of pension and other admissible benefits. It has been stated that the petitioner was in service under the respondents. After attaining the age of superannuation, the petitioner retired from the service of the Board w.e.f. 31-7-2003. After his retirement, the petitioner was entitled to get all the pensionary benefits. For that purpose, the petitioner has submitted the pension papers and other required documents in prescribed proforma. However, the respondents paid only 90% of the pension as provisional pension to the petitioner. They did not pay the amount of gratuity. Till date they have not fixed the full pension of the petitioner. 10% balance amount of pension has also not been paid. The petitioner made several requests and filed representations, but to no effect.
(2.) A counter affidavit has been filed on behalf of the respondents-Board stating, inter alia, that during the service period of the petitioner a dacoity was committed of the money of the Board which the petitioner was carrying on 27-5-1998. For that incident, the Chairman of the Board had directed the petitioner, the Assistant Electrical Engineer and the Executive Engineer to show-cause why the said money be not recovered proportionately from the said persons. The petitioner was, thereafter, served with a show-cause dated 2-9-03. He had given reply to the show-cause. There was no further proceeding or order. The matter is still pending and due to which the said balance dues have not been paid.
(3.) Learned counsel appearing on behalf of the petitioner submitted that in view of the provision in Rule 43(b) of the Jharkhand Pension Rules, the respondents cannot withhold the pension and gratuity either permanently or temporarily, unless the petitioner is found guilty of grave misconduct or to have caused pecuniary loss to the Government or negligence during his service in a departmental or judicial proceeding. It has been submitted that the departmental proceeding even on that ground cannot be instituted either before retirement or during re-employment, in respect of an event which took place before more than four years of the institution of such proceeding. Learned counsel submitted that the respondents cannot withhold the petitioner's pension and gratuity, full or part, except under the said provision and the petitioner's case does not fall within the provisions of Rule 43(b) of the Jharkhand Pension Rules.;