IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11995 of 2005 MAHESH CHANDRA SINHA, son of Late Shaligram Prasad Sinha, Parmanant resident of village and P.O. Khaira, P.s. Shahkund, District- Bhagalpur, at present resident of Bhuvneshwar Nath Sahay Colony, East Gurhatta Road, Sikandarpur P.O. Mirjanhat, P.s. Mojahidpur, in the town and District Bhagalpur. Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Bihar Patna. 2. The Director Primary Education, Bihar, Patna. 3. The District Magistrate, Bhagalpur. 4. The District superintendent of Education Bhagalpur. 5. The Accountant General, Bihar, Patna. 6. The Principal Primary Teacher’s Training School, Banka. 7. The Headmaster, Government Middle School, Nathnagar (Nagar Nigam), Bhagalpur. 8. The District Education Establishment Committee, Bhagalpur through its Chairman- cum-the Deputy Development Commissioner. ----------- 13 09.12.2009 Heard Mr. Purushottam Kumar Jha learned counsel appearing on behalf of the petitioner, Mr. Shashi Shekhar Prasad Sinha A.C. to G.P.9 and counsel appearing on behalf of the Accountant General. The petitioner had filed the writ petition for payment of his post retiral benefits having retired from the post of Headmaster in the Govt. Middle School, Nathnagar No.1 (Nagar Nigam), Bhagalpur with effect from 31.8.2002. 2 This Court by order dated 17.7.2007 taking note of the contentions advanced on behalf of the petitioner had directed the respondents to file a comprehensive counter affidavit holding that in absence of any departmental/judicial proceeding, the retiral benefits admissible to the petitioner could not be withheld. This Court had further directed that in case, it is found that no such proceeding had been initiated against the petitioner then admissible retiral benefits to the petitioner should be paid to him. A counter affidavit was filed on behalf of the respondent No.4 enclosing the decision of the District Establishment Committee placed at Annexure-B of the said affidavit dated 10.6.2003 whereby a decision was taken that the balance amount of retiral benefits admissible to the petitioner would be adjusted against the salary of the teachers allegedly said to have been misappropriated by this petitioner. The petitioner filed an interlocutory application bearing I.A. No. 89 of 2008 on 01.01.2008 seeking permission to add the District Establishment Committee, Bhagalpur as respondent and permission to assail the 3 decision of the District Establishment Committee placed at Annexure-B of the counter affidavit. A further prayer was made for a direction to the respondents for payment of interest on the pending arrears towards pension, commuted value of pension, gratuity and earned leave salary. A prayer was also made with regard to payment of certain amount deposited in the suspense account. Learned counsel appearing on behalf of the petitioner also submits that some amounts towards G.P.F. for the period 1.1.1971 to 31.3.1973 has also not been paid to the petitioner. The interlocutory application is allowed and the relief prayed in the said application is permitted to be espoused in the present proceeding. Learned counsel for the petitioner is also permitted to add the District Education Establishment Committee, Bhagalpur as respondent No.8 during course of the day. The withholding of the partial amount of retiral benefits of the petitioner has been attributed to alleged withdrawal of amount of Rs. 4 lacs and odd from the Treasury meant for payment of the salary of the teachers and which 4 according to the State was not disbursed. The petitioner on the other hand refutes the charges and states that the said amount was never withdrawn. He further submits that whatever amount was withdrawn had been disbursed to the teachers. This Court by order dated 28.10.2009 had directed the respondent to place on record the documents relating to proceedings, if any, initiated against the petitioner either before or after his retirement and which had ultimately culminated in the order dated 10.6.2003(Annexure-B). This Court had also desired to know from the respondents whether the prescribed procedure as provided under Rule 55 of the CCS Rules and Rule 43(b) of the Bihar Pension Rules had been followed. A 2nd supplementary counter affidavit was filed pursuant to the order of this Court dated 28.10.2009 on behalf of the respondent No.4, the District Superintendent of Education, Bhagalpur on 26.11.2009. In paragraph 9 of the said affidavit a statement has been made that the District Superintendent of Education had cancelled the suspension order and withdrew the departmental proceeding and the matter was 5 placed before District Establishment Committee, the decision on which was taken on 10.6.2003, copy of which is placed at Annexure-B of the main counter affidavit. A bare perusal of the said decision of the District Establishment Committee manifest that the same was taken ex- parte without hearing the petitioner and without following the prescribed procedure as provided under Rule 55 of the Civil Services (C.C.A) Rules 1930 as well as Rule 43(b) of the Bihar Pension Rules. It is a settled position of law that no adverserial order effecting the financial benefits of a retired employee could have been passed without having recourse to the procedure provided under Rule 55 of the Civil Services (C.C.A.) Rules 1930, the Bihar Pension Rules and the parameters set out therein. It is more than clear that the rigours of Law have not been followed nor the principles of natural justice has been adhered to. In that view of the matter, the said order cannot be sustained having been issued in gross violation of the relevant rules and in utter violation of the principles of natural 6 justice. In the result this writ petition is allowed. The order impugned containing the decision of the District Establishment Committee, Bhagalpur as contained in Annexure-B is set aside and the respondents are directed to make payment of the retiral benefits of the petitioner and any other dues which have remained pending within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands allowed with the directions aforesaid. Bibhash (Jyoti Saran, J. )