IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13384 of 2004 1. (a) Ashish Kumar. (b) Kanak Lata Prasad. (c) Prem Lata Prasad. All heirs of deceased sole petitioner Basudeo Prasad, son of late Awadhuti Prasad, retired Assistant, District Collectorate, Araria at present residing in the house of Trilokeshwar Prasad, Ashirbad Bhawan, Jai Prakash Colony, Mohalla-Madhubani, P.S.-Kajanchi Hat, District-Purnea. -Petitioner. VERSUS 1. The State of Bihar. 2. Collector, Araria. 3. Treasury Officer, Araria. 4. District Provident Fund Officer, Araria. 5. Accountant General, Bihar, Patna. -Respondents. ----------- 08 24.06.2009 The original petitioner, Basudeo Prasad retired as an Assistant (Bill Clerk) from the District Collectorate, Araria. His pension and other emoluments were not fully paid because of he along with others were involved in a vigilance case. During pendency of this writ application he has died and has been substituted. Even in the vigilance case till date no chargesheet is filed, even though the vigilance case was instituted in 1995 and the petitioner superannuated on 31.01.1999. No departmental proceedings were ever initiated. Provisionally 90% pension was sanctioned but amounts from gratuity and other amounts were withheld. This is what brought the petitioner to this Court. Petitioner being substituted by his legal representatives, it is now submitted that the original petitioner having died with no departmental proceedings, no recovery whatsoever can be made from him or his estate. He cannot be tried in the criminal case nor a departmental proceeding is initiated, as such, all dues payable to the - 2 - original petitioner must now be paid by the State. In the counter affidavit, it is stated that so far as pension is concerned, pension was paid but the final pension was not paid because of original petitioner was failed to submit some papers. The substituted heirs submit that there is not a single communication to the petitioner as to which is the papers that were not submitted and under which communication they were demanded. In fact, petitioner had submitted, to the best of their knowledge, all papers and on the basis of those papers pension was provisionally fixed merely because of pendency of vigilance case. Be that as it may, respondents are directed to immediately specify the papers, which are said to have not been filed. As the original petitioner is no more, authorities themselves would get the papers from respective departments and finalize the pension, they having already fixed 90% pension. It is further stated in the counter affidavit that the gratuity, G.P.F., Group Insurance and Leave Encashment amount were not being paid because of pendency of vigilance case. In view of the facts as noted above that the petitioner has died and nothing is left to be done any further than to make full payments I direct accordingly. These payments must be made within 3 months of production of a copy of this order by the Collector-cum-District Magistrate, Araria positively. With the above observations and directions, the writ application is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)