IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7853 of 2006 Mohammad Moizuddin, S/o- Late Farhat Hussain, resident of Mohalla- Sheikh Alam Chak, P.O. & P.S.- Jehanabad, District- Jehanabad. ………. Petitioner. VERSUS 1. The secretary, Bihar State Electricity Board, Bidyut Bhawan, Patna. 2. The Executive Engineer, Bihar State Electric Supply Sub Division- Jehanabad, District- Jehanabad. ………. Respondents. ----------- 02 16.12.2008 The petitioner retired from service of the Electricity Board in the year 2004. His full pensionary benefits have yet to be settled. As per counter affidavit, there is no dispute with regard to settlement. Firstly, it is said that as there is a warrant of arrest against the petitioner, the petitioner is unable to come personally to submit his life certificate, in absence of the life certificate further pension papers cannot be processed. In my view, this is a contradiction in terms. If the authorities are aware that the petitioner is alive and the reason for he is unable to submit the life certificate, notwithstanding, he being alive that should be sufficient to relieve the authorities of the obligation in withholding pension. Life certificate is required only to establish the person is alive. This stands established by the pleadings of the respondents. Thus, in my view, this cannot be a ground for withholding pension. Next, it is submitted that after petitioner retired it came to light that the petitioner was involved in a huge scandal and as such part of his gratuity and 10% of pension is being withheld. This action is again not valid in law, inasmuch as, it is established that before a single paisa of retirement benefit is withheld or reduced or forfeited the retired employee is required to be heard in the matter and a proceeding has to 2 be initiated. Without initiation of a proceeding in accordance with law no such action can be taken. With regard to gratuity, it is stated that the cheque is ready but the petitioner is not coming to receive the same. I wonder under what law payment can only be made hand to hand. It is another matter if the respondents are interested in personal contact before handing over the cheque otherwise payments are to be made by cheque. They can be directly credited to the petitioner’s bank account which petitioner admittedly had disclosed to the respondents. Such excuses only show that on one pretext or the other petitioner is to be harassed. This Court sees no legitimate reason for the same. I accordingly direct that unless by a duly passed order in a proceeding duly constituted there is any restriction put on payment or settlement or on retirement dues of the petitioner. The same shall be paid to the petitioner in full within one month from today. All amounts due and payable will be credited directly to the accounts of the petitioner, without petitioner having to come to receive the same in person. As the respondents do not dispute that petitioner is alive. The petitioner may submit life certificate duly attested by a Gazetted Officer or his bank, in question. Which shall be accepted by the authorities. Rules are hand made of justice and not sword to deprive people of their legitimate dues. Once respondents deem that petitioner is alive and petitioner furnishes a certificate, as communicated above, the matter ends. This disposes of the writ petition. Trivedi/ ( Navaniti Prasad Singh, J.)