IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.312 of 2008 In (CIVIL WRIT JURISDICTION CASE 14877/2004) 01. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman 02. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 03. General Manager-Cum-Chief Engineer, Magadh Vidyut Area, Gaya 04. Electrical Executive Engineer, Electric Supply Division, Dehri-on-Sone (Rohtas), District-Rohtas ….. Respondents/Appellants Versus Saryu Prasad Singh @ Saraju Prasad Singh, S/o Late Bakhori Singh, Assistant Engineer (Retired), resident of Mohalla- New Sidhauli, P.O.-Dalmiyan Nagar, P.S.- Dalmiyan Nagar, District- Rohtas ….. Petitioner/Respondent --------------------------------- 08. 16.09.2011 This Appeal has been filed against the order dated 01.02.2008 passed in C.W.J.C. No. 14877 of 2004, whereby the appellant is aggrieved by the inaction of the respondent Board for not paying him the leave encashment allowance as the respondents have not released the leave encashment amounts of the appellant who retired from the services of Bihar State Electricity Board, Dehri-On- Sone, Rohtas. It is contended by the respondent Board that the Vigilance Case No. 02 of 2002 is still pending against the petitioner-respondent herein. The learned Single Judge has given a direction to the Board to pay all the leave encashment amount with 2 5% interest thereon only within a period of six months as per Rule 43 (b) of the Bihar Pension Rules unless and until the petitioner is found to be guilty of gross misconduct or of any criminal offence. The retiral benefit could not be retained by the employer. But in view of the fact that the learned counsel appearing on behalf of the appellants has fairly submitted that there is no instruction with regard to the result of the Vigilance Case No. 02 of 2002. It would suffice, if a direction is issued to the Board to pay the amounts, if the Vigilance Case No. 02 of 2002 is disposed off and went in favour of the appellant as per Rules subject to the condition that the appellant is not found guilty of any other grave misconduct. With the above modification in the order of the learned Single Judge this Appeal is allowed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)