IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.764 of 2008 RAM SINGHASAN SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Nadim Seraj, Advocate For the State : Mr. Anil Kr. Roy, Advocate 4 18/4/2009 Special Case no.30 of 2005 arising out of Vigilance P.S. Case no.19 of 2005 was registered against the petitioner with allegation that while he was working as Chairman of the Bihar Public Service Commission there were complaints against him of corruption and irregularities but even after four years investigation has not yet started and, therefore, no case could be registered against him for having disproportionate wealth, which is confirmed by the public prosecutor. However, after the aforesaid vigilance case being registered petitioner’s Saving Bank Account nos.01100010470/11111187118 and 01190023474/ 11111254201 at the State Bank of India, Baily Road Branch, Patna have been seized. It is the case of the petitioner that prior to the appointment of Chairman, Bihar Public Service Commission, he was the Principal of the Government 2 Polytechnic College and retired on 30.6.2004. After retirement he got Rs.11,80,185.00 towards GPF, Rs.2,69,192.00 as leave encashment and other retiral benefits. Petitioner deposited the said amount in the aforesaid Saving Bank Accounts. It is further stated on behalf of the petitioner that since there is marriage of petitioner’s daughter, he wants to operate the aforesaid accounts but the said prayer being made before the Special Judge Vigilance, Patna was rejected. Considering the fact that prior to the assignment of post of Chairman the petitioner was holding the post of Principal, Government Polytechnic College, and he retired from that post on 30th June, 2004 and after retirement he received retiral benefits including GPF and leave encashment, which was deposited by him in the aforesaid Saving Bank Accounts and also the fact that marriage of petitioner’s daughter is to take place, I allow the petitioner to withdraw only those amounts which he received as retiral benefits, that is, GPF, leave encashment etc., and deposited the same in the aforesaid Saving Bank 3 Accounts of the State Bank of India from 30th June, 2004 till 29.12.2005. We are also told that even though vigilance case was registered in 2005, no such prayer has ever been made. With the aforesaid observation, this application stands disposed of. Neyaz/- (J.B. Koshy, CJ.)