Balmiki Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10972 of 2017 ====================================================== Balmiki Sharma Son of Late Raj Nandan Sharma, Resident of MohallaChandpur Bela, Anil Bhawan Gali, P.S. Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Water Resources Department, Bihar, Patna 2.

The Accountant General, Govt. of Bihar, Patna. 3.

The Director, Land Acquisition and Resettlement, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Respondent/s :

Mr.Vinay Kriti Singh-Ga2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2019 The present writ petition has been filed for directing the respondents to pay the outstanding amount of gratuity and leave encashment.

The learned counsel for the respondents has submitted that a criminal case bearing Muzaffarpur (Sadar) P.S. Case No. 503 of 2016 dated 13.9.2016 under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code is pending against the petitioner herein apart from a Vigilance P.S. Case No. 53 of 2015 dated 2.7.2015 being also pending against the petitioner, hence, the aforesaid amount of outstanding retiral dues have not been paid to the petitioner.

Having regard to the law laid down by the Full Bench of this Court in the case of Arvind Kumar Singh vs. The State

Patna High Court CWJC No.10972 of 2017(4) dt.31-07-2019 2/2 of Bihar & Ors, reported in 2018 (2) PLJR 933, this Court is of the view that although the leave encashment amount is not required to be paid till the conclusion of the criminal proceedings, resulting in acquittal of the petitioner herein, but the gratuity amount cannot be withheld, hence, the respondents are directed to pay the gratuity amount of the petitioner herein within a period of eight weeks from today, failing which the Secretary, Water Resources Department, Bihar, Patna shall not draw his salary.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U