IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15747 of 2006 Dr.GANESH KUMAR, S/O LATE BHATU YADAV, R/O CHIRAIYA GHAT ROAD, BARAMASIA, P.O AND P.S AND DISTRICT GIRIDIH (JHARKHAND). ………………..PETITIONER. Versus 1.THE STATE OF BIHAR. 2.DIRECTOR OF HEALTH SERVICES BIHAR. 3.SECRETARY, HEALTH DEAPARTMENT, BIHAR NOW BOTH AT NEW SECRETARIATE, PATNA. 4.CIVIL SURGEON, CIVIL SURGEON’S OFFICE IN COMPOUND OF JAMUI SADAR HOSPITAL, JAMUI. 5.DIRECTOR OF HEALTH SERVICES, JHARKHAND. 6.CIVIL SURGEON, GIRIDIH DISTRICT JHARKHAN. 7.ACCOUNTANT GENERAL, BIHAR & JHARKHAND, BIR CHAND PATEL ROAD, PATNA PIN 800001. ……………………RESPONDENTS. ---------- 03/ 18.07.2011 No one appears for the petitioner. Counsel for the respondents are present. From the reading of the writ application and the counter affidavit filed by the respondent officials for the State of Bihar as also the Interlocutory Application filed by the petitioner being I.A NO. 1035 of 2009, it becomes clear that whatever amount was claimed by the petitioner towards his salary has been paid during the pendency of this writ application. The petitioner in fact in the Interlocutory Application has also stated that it is only his amount of gratuity which has been withheld and answer for the same is found in the counter affidavit filed by the respondents 2 that the petitioner is facing criminal prosecution relating to the embezzlement of the Government fund, being (Giridih P.S Case No. 17 of 1990 dated 17.03.1990 for the offences punishable under Sections 467, 468, 471, 474, 409, 420,120-B of the Indian Penal Code). It is thus clear that if the respondents have not paid the gratuity of the petitioner even when sanctioning full provisional pension they have only complied the Government instructions prescribing withholding of gratuity till final adjudication of the criminal case/departmental proceeding. That being so, this Court would not find any merit in this application and the same is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)