IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13803 of 2002 6. 24.2.2009 Kunj Bihari Thakur (aged 62 years), son of late Kishori Thakur, resident of Mohalla Arvindmarg, PS Bariatu, District Ranchi VESUS 1. The State of Bihar through the Chief Secretary, Main Secretariat, Patna. 2. The Commissioner of Commercial Taxes, New Secretariat, Patna 3. The Accountant General, Bihar, Birchand Patel Marg, Patna ----- For the Petitioner : Mr Ganesh Prasad Singh, Sr Advocate For the State : Mr P.K.Shahi, Advocate General ----- Heard learned counsel for the petitioner and learned Advocate General. The law regarding payment of part pension and gratuity and right of the Gvernment to withhold part of the same against a retired employee against whom there is criminal or departmental action pending has been well settled in AIR 1994 SC 1484 (Jarnail Singh V. The Secretary, Ministry of Home Affairs). Following the said judgment a Division Bench of this Court has also so held in the case of State of Bihar v. Ganga Bishun Mahto, 2001(4) PLJR 435. In that view of the matter, the prayer of the writ petitioner that he is entitled for payment of entire pension and gratuity has to be rejected. Another prayer has been made that at least cash in lieu 2 of unutilized earned leave should be ordered to be paid to the petitioner because it is not a part of pension or gratuity. Learned Advocate General has placed reliance upon a policy decision of the State Government contained in circular letter bearing no.4564 dated 6th July, 1993 (Annexure-E) and specific order of the competent authority against the petitioner dated 2.9.2002 (Annexure-F) and has submitted that since the relevant rules are silent, hence by policy decision it has been decided that in cases such as that of the petitioner where disciplinary/ criminal proceeding is pending and there is possibility of an order for recovery of financial loss caused to the Government, such dues of the retired employee can also be withheld. It was also pointed out that in the aforesaid case of State of Bihar v. Ganga Bishun Mahto (supra), the Division Bench has approved such course of action on the general principle that where rules are silent, executive instructions can be issued in similar matters. In the facts and circumstances of the case, we find no merit in the writ petition. It is accordingly dismissed. (Shiva Kirti Singh, J.) (J.N.Singh, J.) sk