IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1345 of 2011 In Civil Writ Jurisdiction Case No. 8102 of 2011 ====================================================== Sukhdeo Lal, S/O Late Ragho Lal, Resident of Saketpuri, South of Ambedkar Chowk, Hanuman Nagar, P.S.-Patrakarnagar, District-Patna. .... Petitioner.... Appellant Versus 1. The State of Bihar. 2. The Secretary, Road Construction Department, Govt. of Bihar, Patna. 3. The Deputy Secretary (Vigilance), Road Construction Department, Govt. of Bihar, Patna. .... Respondents.... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Prabhu Nath Pathak, Advocate For the Respondent/s : Mr. Satish Narain Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 16-12-2011 Feeling aggrieved by the order dated 6th May 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. Feeling aggrieved by the inaction of the State of Bihar in completing the disciplinary proceeding initiated against the appellant, the appellant filed above CWJC No. 8102 of 2011 under Article 226 of the Constitution. According to the appellant, the appellant had retired from service as a Superintending Engineer in 2008. After his retirement, a disciplinary proceeding was initiated Patna High Court LPA No.1345 of 2011 (4) dt.16-12-2011 2 / 3 2 against the appellant under Rule 43(b) of the Bihar Pension Rules, 1950 in 2009. After holding the enquiry, the enquiry officer opined that the charges levelled against the appellant were not proved. However, the disciplinary authority disagreeing with the finding recorded by the enquiry officer gave a second show cause notice to the appellant on 30th April 2010. The show cause notice has been duly replied by the appellant. The final decision is still awaited. The appellant, therefore, prayed that the initiation of disciplinary proceeding against him be quashed and set aside. The learned single Judge has dismissed the writ petition as pre-mature. Therefore, this Appeal. The State Government has appeared and filed counter affidavit in this Appeal. According to the State Government, the disciplinary proceeding initiated against the appellant is completed. The punishment of deduction of 5 % of pension for 5 years is proposed against the appellant. The proposed punishment has been approved by the State Government. The approval of the Bihar Public Service Commission is awaited. In view of the proposed punishment, we are of the opinion that the ends of justice shall be served, if the respondents are directed to remit the unpaid retiral benefits to the appellant. We are informed at the bar that the appellant is being paid 90% of the Patna High Court LPA No.1345 of 2011 (4) dt.16-12-2011 3 / 3 3 pension as provisional pension. However, the amount of gratuity and the leave encashment has not yet been paid. In the aforesaid circumstances, it is directed that the appellant be paid the amount of gratuity and the leave encashment with interest @ 6% from the date of retirement till the date of payment. Such amount shall be paid within eight weeks from today. In the event the State Government fails to remit the amount of gratuity and leave encashment with interest within eight weeks as directed, the appellant will be entitled to the amount of gratuity and leave encashment with interest @ 10% from the date of retirement till the date of payment. Subject to the above direction, the Appeal is disposed of. The Registry will send writ forthwith. B. Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)