IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12707 OF 2004 DR.ANIL CHANDRA SINHA, SON OF LATE CHANDRA SINHA, RESIDENT OF MOHALLA AND POST OFFICE KASHIPUR, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DIRECTOR-IN-CHIEF, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 5. THE DEPUTY DIRECTOR (PLANNING), DEPARTMENT OF HEALTH, NEW SECRETARIAT, PATNA 6. THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL MARG, PATNA …………………………………………………………………………….RESPONDENTS ********* 6 10/12/2010 The petitioner was working as District Malaria Officer at the time of his superannuation on 31.01.2002. The petitioner was granted 90 per cent pension, however, 10 per cent of his pension and entire amount of gratuity was withheld on the ground that the petitioner had made purchase of medicines from Medical Store Depot, Kolkata. It has been specifically submitted on behalf of the petitioner that he had made the purchase of the medicines in the year 1990-91, at that time, he was posted as District Tuberculosis Officer, Samastipur. The purchase of medicines from the Medical Store Depot at Kolkata has become the subject matter of investigation by the Central Bureau of Investigation as it is stated that there were widespread irregularities in the purchase. 2 Counsel for the petitioner submits that as far as the period 1990-91 is concerned, it is not under investigation by the Central Bureau of Investigation and there is no substantial criminal case pending against the petitioner. Counsel for the State, on the other hand, has filed a counter affidavit in which the specific stand of the State is that purchase of medicines from Medical Store Depot, Kolkata is still under investigation. Two persons, namely, Dr. Kashi Nath Prasad and Dr. Hit Narayan Rai had moved this Court for grant of their pensionery benefits. This Court vide Annexure-B and Annexure-C dismissed the writ application. The purchase in the case of Dr. Kashi Nath Prasad was related to the period 1992- 93 and 1993-94. It, however, becomes imperative that the concerned authority, i.e. the Additional Secretary, Department of Health, Government of Bihar should determine whether the period 1990-91 is under the investigation of the Central Bureau of Investigation. If there is no investigation with respect to the purchase made in the year 1990-91, particularly, the purchase made by the petitioner when he was posted as District Malaria Officer. I see no reason that the petitioner should not be granted the rest of his pensionery benefits i.e. 10 per 3 cent of pension and the entire amount of gratuity. The petitioner is given leave of this Court to produce a copy of this order before the Additional Secretary, Department of Health, Government of Bihar within a period of eight weeks from the date of receipt of a copy of this order. The respondent no. 3 should pass a speaking order within a period of four months thereafter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )