IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3621 of 2009 HAFIZ MIAN, S/o Roshan Mian, R/o Village – Kauriya, P.O.- Kauriya, P.S. – Bhagwanpur, Distt. – Siwan……………………… Petitioner Versus 1. UNION OF INDIA through Chief P.M.G., Patna, 2. D.A.P., Patna, 3. Superintendent of Post Offices, Siwan Division, Siwan, 4. Accounts Officer, Siwan Division, Siwan, and 5. Post Master, Sub-Post Office, Basantpur, Distt. – Siwan….. ………………………………………………Respondents. ----------- For the Petitioner:- Mr. Krishna Bihari and Mr. Arvind Kumar, Advocates. For the Respondents:- Mr. Sudhir Singh, Asst. S.G. and Mr. Nishant Prakash, Advocate. ------------- 2. 01.04.2009. Heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner, while working as Postal Assistant, a criminal case was lodged against him in the Year 1995. After the departmental proceedings, he was awarded a punishment of recovery of the defalcated amount and reduction of pay was also awarded, but the criminal case lodged against him is still pending. As per the Pension Rules, only provisional pension can be paid even during the pendency of judicial / departmental proceedings. The petitioner approached the Tribunal. The Tribunal directed the authorities to pay all other service benefits to the petitioner except 2 final pension, commutation of pension and gratuity amount. The Tribunal also directed for payment of provisional pension till finalization of the final pension on conclusion of the judicial / departmental proceedings, as per CCS (Pension) Rules, 1972. In the above circumstances, we see no reason to interfere with impugned order passed by the Administrative Tribunal in a writ proceedings under Article 227 of the Constitution of India. However, the petitioner may take steps in accordance with law for expediting disposal of the judicial proceedings pending against him. With the above observations, the writ petition stands disposed of. dk ( J.B. Koshy, CJ ) ( Dr. Ravi Ranjan, J. )