IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10943 of 2009 SARYUG RAM, son of Late Chauthi Ram, resident of Village Mahmada, P.S. Baruraj, District Muzaffarpur. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, West Champaran, Bettiah. 3. The Deputy Collector, Establishment, West Champaran, Bettiah. 4. The Joint Director, Agriculture, Tirhut Division, Muzaffarpur. 5. The Deputy Director, Agriculture, East & West Champaran at Motihari. 6. The Block Development Officer, Yogapatti, District West Champaran. 7. The Treasury Officer, West Champaran, Bettiah. 8. The Accountant General, Bihar, Patna. ----Respondents ----------- 8. 9.3.2010 Heard the learned counsel for the petitioner and the State. The grievance of the petitioner is that upon his superannuation from the post of Assistant on 30th of June, 2007 while working in the office of the Block Development Officer, Yogapatti Block in the district of West Champaran, his entire retiral dues of the have been kept withheld allegedly on account of pendency of the departmental proceedings as also on account of pendency of the criminal case against him for the offence under section 409 of the Penal Code, vide Yogapatti P.S. Case No.25/86, for allegedly defalcating a sum of Rs.4,00,000/-. Learned counsel for the petitioner submits that the departmental proceeding initiated against the petitioner before his retirement for the alleged misconduct is still pending proceeding after submission of the inquiry report by the enquiry officer. However, in 2 the enquiry report dated 25th of August, 1992, no final order has been passed till date. It is further submitted that the aforesaid criminal case is still pending for trial and no progress is being made. Learned counsel submits that the provisional pension upon his superannuation was being paid till July, 2008 and thereafter it has been stopped without any reason made known to the petitioner. It is further submitted that as on date, the petitioner has neither been paid the provisional pension nor the pensionary benefits have been paid to the petitioner. It is submitted that the above action of the department runs counter to the decision taken by the State and communicated to all concerned by the Chief Secretary, Government of Bihar, vide letter no.3089 dated 23rd of August, 2004, as contained in Annexure 10 to the rejoinder and, therefore, the department was not justified in stopping the payment of the provisional pension as stated in clause 4 and 5 of said Annexure 10. Learned counsel appearing for the State submits that all necessary steps shall be taken for early conclusion of the departmental proceedings. Considering the submissions of the parties, the competent authority may pass final order in the departmental proceedings initiated against the petitioner expeditiously, preferably within a period of four months. However, till payment of final pension is sanctioned, the provisional pension, which has been stopped after July, 2008, shall continue to be paid. 3 The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)