IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3326 of 2009 PASSING LAMA Versus THE STATE OF BIHAR & ORS ----------- 2. 19.3.2009 Heard counsel for the petitioner and the counsel for the State. While this Court would find that a dismissed employee from the Government service would be disentitled from receiving payment of pension, gratuity or any retirement benefit payable in terms of Bihar Pension Rules but at the same time such dismissed employee cannot be subjected to also non-payment of amount of provident fund unless there is an order of recovery passed by the authority. In the order of punishment of dismissal from service there was no such provision for recovery of any Government amount and therefore, when authorization and sanction letter of the provident fund had already been issued its payment should not have been withheld. Taking into consideration that the payment of provident fund was not made to the petitioner under certain apprehension or misconception of law, this Court would call upon the Commandant, B.M.P.6, to look into 2 the grievance of the petitioner and pass a clear order for releasing payment of amount of provident fund with up-to-date statutory interest within a period of four weeks from the date of receipt/ production of a copy of this order. The only option for the Commandant, B.N.P.6, in the event he chooses to still withhold the amount of provident fund of the petitioner, would be to pass a reasoned order setting out the ground for withholding such amount which must be of course in accordance with the provisions of G.P.F.Rules. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/