Case Facts:
Patna High Court CWJC No.17428 of 2012 (2) dt.25-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17428 of 2012 ====================================================== 1. Yoshodhar Prasad. Yadav S/O Late Chuman Yadav R/O Vill-Baradhant, P.O.-Bagha Kuishmar, P.S.-Khutauna, Distt-Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Secondary Education Govt. Of Bihar, Patna 3. The Under Secretary, Department Of Secondary Education Govt. Of Bihar,, Patna 4. The Director, Department Of Secondry Education Office Budhmarg, Patna 5. The District Education Officer, Supaul, 6. The District Treasury Officer, Madhubani 7. The Commissioner Cum Principal Secretary, Department Of Finance Govt. Of Bihar, Patna 8. The Accountant General Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Sinha For the State : Mr. Ajay Bihari Sinha Sc19 For Accountant General : Mr. L.P.K. Rajgrihar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 25-09-2012 Heard learned counsel for the petitioner and learned counsels for the State and for the Accountant General, Bihar. The petitioner seeks payment of 10 % arrears of gratuity and 10 % arrears of pension for the period from February, 2004 to August, 2005 as also full pension from September, 2005 till date. It is stated that the petitioner, who was appointed as an Assistant teacher in a Government High School, retired on Patna High Court CWJC No.17428 of 2012 (2) dt.25-09-2012 2 31.1.2004 as Headmaster. Subsequent to his retirement, an F.I.R. was lodged against him on 24.2.2004 under [STATUTE] with respect to illegal appointment of a clerk and consequent illegal payment of Rs. 3,06,386/- which was made to him, as a result of which only 90% provisional gratuity and 90% provisional pension was sanctioned. The provisional pension was also stopped from September, 2005 and nothing has been received by the petitioner till date. It is further submitted that in the criminal case final form was submitted by the police on 1.4.2004 and it has been finally accepted by the Court of the Sub-divisional Judicial Magistrate, Birpur on 10.5.2011. It is contended by learned counsel for the petitioner that no departmental proceeding was ever initiated against him either he was in service or even after his retirement under Section 43(b) of the Bihar Pension Rules. In the aforesaid view of the matter, learned Standing Counsel No.19 is unable to defend the action of the respondents in not paying the remaining gratuity and full pension including difference thereof to the petitioner in terms of any provisions of the Bihar Pension Rules including Rule 43(b) of the Rules. The said rule is clear that any action under it can be taken within a Patna High Court CWJC No.17428 of 2012 (2) dt.25-09-2012 3 period of four years from the retirement of the petitioner and in case of a judicial proceeding, the same would be deemed to be instituted only on the filing of the charge sheet that too within the aforesaid period of four years. The writ application is, accordingly, allowed and the respondents are directed to ensure that full pension and gratuity of the petitioner are sanctioned in accordance with law and the balance amount including arrears of pension are paid to the petitioner within a period of four months from the date of receipt/production of a copy of this order. V.P.Sinha/- (Ramesh Kumar Datta, J)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.