IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17688 of 2008 Rakesh Ranjan Prasad Sinha, Son of Late Nityadeo Prasad Singh, Resident of Mohalla – Janakpur, P.S. – Mufasil Thana, Buniyadganj, District – Gaya, at present residing at Flat No. A/601, Vasundhara Garden, Harihar Singh Lane, Bariayatu, Ranchi, Jharkhand. ------- Petitioner Versus 1. The State Of Bihar through Principal Secretary, Road Construction Department, Vishwashraiya Bhawan, P.S. – Shastrinagar, District – Patna. 2. The Finance Commissioner, Finance Department having his office in Old Secretariat, P.S. – Sachivalaya, District – Patna. 3. The Deputy Secretary, Road Construction Department, Vishwashwaraiya Bhawan, P.S. – Shastrinagar, District – Patna. 4. The Treasury Officer, Secretariat Treasury, Vishwasharaiya Bhawan, Patna. 5. The Accountant General (A&E), Bihar, Birchand Patel Path, Patna. -------- Respondents ---------------------------------- 2 13.12.2011 Heard Sri Rupak Kumar, learned counsel for the petitioner and Sri Prabhat Kumar Verma, learned senior counsel appearing on behalf of Respondent No. 1 to 4. The present writ petition was filed with a prayer to direct the Respondents to pay full pension , full gratuity and amount under the head of leave encashment. The petitioner had retired as ‘Executive Engineer, National Rural Employment Programme, Rural Development Department, Patna’ on 31.01.2005. After retirement provisional pension was sanctioned and the petitioner is still getting 90% provisional pension. He has not been paid full gratuity and amount of leave encashment. In this case, earlier, a counter affidavit was filed on behalf of Respondent/State. It has been indicated that a departmental proceeding was going on against the petitioner and due to that reason retiral dues was not finalized. 2 In this case a supplementary affidavit has been filed on behalf of the petitioner annexing therewith a communication made by Building Construction Department vide Memo No. 5166(n) dated 07.07.2010 issued by Joint Secretary-cum-Chief Vigilance Officer, Building Construction Department, which has been annexed as ‘Annexure – 5’. Perusal of ‘Annexure – 5’ makes it clear that the petitioner was already exonerated from the charge. Sri Prabhat Kumar Verma, learned senior counsel, on instruction, submits that finally Road Construction Department has also issued communication whereby the petitioner had already been exonerated from the departmental proceeding. He further submits, on instruction, that in view of changed circumstances, all the retiral dues in respect of the petitioner shall be finalized within a period of eight weeks from today. In view of stand taken by learned counsel for the State, there is no need to further keep the matter pending. The writ petition stands disposed of with a direction to finalize the retiral dues of the petitioner within a period of eight weeks, as assured by learned senior counsel for the State. The Respondents are further directed to pay admissible statutory interest on delayed payment. The Respondent No. 5/Accountant General (A&E), Bihar, Patna, is directed to issue authorization within a period of four weeks from the date of receipt of the sanction order from the state authority, and thereafter, all the Respondents are directed to take steps, so that, as per authorization, all the retiral dues may be credited to the account 3 of the petitioner without any delay. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)