IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1810 of 2005 BRAJENDRA NANDAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 19.1.2010. Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner, Mr. Hari Shankar Roy learned Assisting counsel to AAG-2 and Mr. Arun Kumar Arun, learned counsel for the Accountant General, Bihar. The petitioner superannuated from the post of Librarian from the Patna Dental College and Hospital, Bankipur, Patna with effect from 30.4.2004. The writ petition came to be filed for payment of his post retiral benefits. It is an admitted position that during the pendency of the proceedings, the amounts towards G.P.F, Group Insurance and Earned leave have been paid to the petitioner but only 90 % provisional gratuity after making deduction of Rs.77,542.48 and provisional pension is being paid to him on allegation of missing books from the Library on the date of his retirement. Learned counsel for the petitioner, with reference to para-15 of the writ petition, submits that most of the books were issued and were not returned to the Library by the students 2 and teachers even prior to the year 1991 and they had left the college without taking no dues certificate from the Library. It is stated that in this regard a number of notices were issued and put up at the Notice Board. It is stated that the petitioner also reported this matter to the Principal of the College and specific order was passed for taking no dues certificate from the Library. Learned counsel for the petitioner thus submits that if despite this position the teachers and the students were allowed to leave the College without obtaining no dues certificate from the Library or the Librarian, who is the custodian of the books, then he cannot be blamed as sufficient steps were taken to ensure the return of the books by putting a condition of obtaining no dues certificate but neither the books were returned nor the College authorities enforced the said pre requisite on the erring teachers/students. Learned counsel, however, submits that the petitioner bonafidely admits that 26 books were missing during his tenure valued at Rs.3687.24 and for which he had requested the Principal of the College vide 3 letter received in the office of the Principal on 14.7.2004 placed at Annexure-3 of the writ petition to adjust the same against his retiral dues and make payment of the rest. It is thus submitted that the petitioner has no objection for deduction of the said amount from the post retiral dues but objects to the action of the authorities in withholding his final pension and balance gratuity amount on pretext of missing of such books which are not even attributable to him. It appears that a three member committee was constituted by the College and who submitted a report placed at Annexure-Q to the counter affidavit filed on behalf of the respondents and in which the petitioner was held responsible for missing books. The statement of the petitioner made in para-15 of the writ petition is not disputed. It is also admitted that no formal proceedings were drawn against the petitioner for withholding the amount(s) in question. The law is well settled that no orders having adverse consequences can be passed by any authority without drawing formal proceeding as 4 required under the relevant rules applicable in case of a retired employee. Learned counsel for the State very fairly submits that no proceeding under the Bihar Pension Rules for either withholding the amount in question was initiated against the petitioner. The respondents also do not allege any misconduct on the part of the petitioner. In fact they have proceeded to act simply on the basis of the report submitted by the Committee (Annexure-Q) in an ex parte inquiry. In the circumstances, the action of the respondents in withholding Rs.77,562.43 from the gratuity amount payable to the petitioner as also in according him only 90% provisional pension and gratuity is patently arbitrary and unreasonable. The respondents are thus directed to release the said amount forthwith and also forward the pension paper of the petitioner for authorisation of his full and final pension and gratuity within a period of three months from the date of receipt/production of a copy of this order. The respondents while doing so, may adjust Rs.3687.24/- from the amount as admitted 5 by the petitioner. The writ petition stands allowed with the direction aforesaid. ahk (Jyoti Saran,J.)