IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18909 of 2008 Ramudar Tewary , Son of Late Brindaban Tiwary, R/O Village + P.O. Koran Sarai, P.S. Koran Sarai ( Dumaraon), District- Buxar --------------------Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Buxar 3. The Panchayati Raj Officer, Buxar 4. The Block Development Officer, Nawanagar, District- Buxar 5. The Block Development Officer, Itarhi, District-Buxar 6. The Accountant General, Bihar, Patna 7. The Director, Provident Fund, Pant Bhawan, Bihar, Patna 8. The District Provident Fund Officer, District-Buxar ---------------------- Respondents. ---------------------------------- 02 14-12-2011 Heard learned counsel for the petitioner and Sri Ajay Kumar Singh, learned A.C. to Standing Counsel no.17 appearing on behalf of the Respondent/State. None appeared on behalf of the Respondent no.6/ Accountant General, Bihar, Patna. The petitioner had retired on 31.01.1996 as Panchayat Sewak from Itarhi Block in the district of Buxar during the pendency of a criminal case vide G.R. No.1420/97/ T.R. no.117/2001, which was registered for the offence under Section 409 of the Indian Penal Code. After the retirement in the year 1996, the criminal case, which was pending against the petitioner, was finally decided and in absence of any evidence, the petitioner was held innocent and exonerated from the charge. The petitioner in the present writ petition has prayed for directing the Respondents to finalize his pension and pay other retiral dues. Though, the writ petition was filed in the year 2008 2 after serving copy of the writ petition on learned counsel for the State as well as Accountant General, Bihar, till date Respondents have not properly responded to the writ petition. Only counter affidavit on behalf of Respondent no.8/ District Provident Fund Officer, Buxar has been filed. Perusal of the counter affidavit indicates that the Respondent no.8 had requested the Block Development Officer, Itarhi, Buxar for submission of final withdrawal application along with the G.P.F. deduction statement. Nothing has been stated as to what was the reason for withholding even the Provident Fund amount of the petitioner. Learned counsel for the petitioner submits that during the service period, the petitioner was once put under suspension. However, vide Annexure-4 to the writ petition i.e. order contained in Memo No. 458 dated 16.11.1989, the suspension was revoked and a punishment order to the extent of forfeiture of one cumulated increment was passed. It has been submitted by learned counsel for the petitioner that in view of Annexure-4 i.e. punishment order for forfeiting the increment and exoneration of the petitioner from the criminal case, there was no reason to withhold finalization of retiral dues of the petitioner, but for the one reason or another, it has not been finalized till date. In view of the fact particularly the fact that the petitioner has already been exonerated from the criminal case and there is nothing on record to show as to whether any proceeding is pending against the petitioner or not, the Court is of the opinion that the retiral dues of the petitioner cannot be denied for the indefinite 3 period. Accordingly, the writ petition stands allowed with direction the Respondents, particularly the Respondent no.5 to take all steps so that pension of the petitioner may be fixed within a period of eight weeks from the date of receipt/production of a copy of this order. The Respondent no.5 is further directed to issue order for sanction of full pension, arrear of difference of pension and other retiral dues within the aforesaid time. After receipt of the sanction order from the State authority, the Respondent no.6/ Accountant General, Bihar is required to issue authorization within four weeks from the date of receipt of sanction order and thereafter all the concerned are directed to take steps for crediting the retiral dues as per authorization of the Accountant General, Bihar to the account of the petitioner without any delay. The Respondent no.8/ District Provident Fund Officer, Buxar and Respondent no.7/ Director, Provident fund, Pant Bhawan, Bihar,Patna are directed to pay the amount of G.P.F. to the petitioner along with admissible statutory interest within eight weeks from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands allowed. NKS/- ( Rakesh Kumar, J.)