IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1037 of 1997 Suresh Sharma, son of Late Tapas Singh, resident of Village Guliganj, Police Station Tekari, District- Gaya. .... Appellant. Versus 1. The State of Bihar. 2. The Director, Secondary Education, Patna. 3. The Directorate Provident Fund, Patna. 4. The District Superintendent of Education, Gaya. 5. The Accountant General (Bihar), Patna. .... Respondents. ----------- 08- 17.09.2009 Heard Learned counsel for the petitioner, and Mr. Sanjay Kumar No.2, learned Government Pleader No.15 for the respondents. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No.10318 of 1996 (Suresh Sharma Vs. State of Bihar and others), and is aggrieved by the order dated 22.7.1997, whereby the writ petition was allowed in part whereby he has been allowed to avail 50 per cent of his pension during the pendency of the criminal trial against him. 2. It appears that the petitioner was at the relevant point of time posted as Head-clerk in an office of the State Government. He is alleged to have defalcated a sum of rupees forty-two lacs out of which on detection he 2 refunded an amount in part. The petitioner had thereafter approached this Court by preferring the writ petition with the prayer that the trial has not made any progress, notwithstanding which his pension has not been released. Taking into account the over-all situation, the learned Single Judge allowed the petitioner to avail 50 per cent of his pension which shall abide the result of the criminal case against the petitioner. 3. We do not find any fault in the impugned order. It is accordingly dismissed. (S K Katriar, J.) (Shyam Kishore Sharma, J.) S.K.Pathak/