Dr.Braj Nandan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14006 of 2008 ====================================================== Dr.Braj Nandan Sharma, Son of Late S.N.Thakur, resident of vill.-Ajamatpur, P.O.-Biddupur (RS) P.S.-Rajapakar, District-Vaishali, At present 32, Jagat Apartment, Bank Road, Patna-1.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Department Animal Husbandry and Fisheries Govt. of Bihar, Patna

3. The Joint Secretary, Department of Animal Husbandry & Fisheries, Govt. of Bihar, Patna.

4. The Accountant General (A&E), Bihar, Patna

5. The Treasury Officer, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the State :

Mr. Sarvesh Kumar Singh, AAG-13 Mrs. Sunita Kumari AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-02-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State has been heard.

2. The petitioner has moved the Court for the following reliefs:

"That this is an application for issuance of a writ in the nature of certiorari to quash the Government Resolution issued vide memo no. 212 Ni.Go. Dated 25.6.2008 issued and communicated to the petitioner through the registered post under the signature of the Joint Secretary, to the Government of Animal Husbandry and Fisheries, Bihar, Patna, whereby and whereunder a decision has been taken under the provisions of Rule 43(a) and (b) of the Bihar Pension Rule to withhold the payment of whole pension and gratuity of the petitioner permanently on the ground of conviction in a Criminal Proceeding by the Court of competent jurisdiction.

Patna High Court CWJC No.14006 of 2008 dt.22-02-2018 2/2 And for issuance of a writ in the nature of certiorari to quash the consequential order issued from the office of the Accountant General, Bihar, Patna, vide letter contained in memo no. 653 dt. 5.8.08 under the signature of the Accounts officer, Bihar, Patna, whereby and whereunder the Treasury officer, Bihar, Patna has been requested to stop the payment of pension to the petitioner permanently.

And further for issuance of a consequential writ in the nature of mandamus commanding and directing the respondent authorities to not to withhold the pension and gratuity of the petitioner and to pay the full and final pension and other retiral benefits to the petitioner for which he is legally entitled to and also to issue any other appropriate writ/ writs, order/orders, direction/directions which may be found just and proper in the facts and circumstances stated hereunder."

3. Counter affidavit has been filed on behalf of the State as well the Accountant General in which action of withholding pension and gratuity permanently on the ground of conviction in a criminal case has been justified. Copy of the counter affidavits was served on learned counsel for the petitioner on 26.07.2010 and 01.08.2013 respectively, but no rejoinder has been filed.

4. Having regard to the aforesaid and the fact that nobody has appeared to press the writ petition, the same stands dismissed, both on merits as well as on account of non-prosecution. (Ahsanuddin Amanullah, J.) Ajay Gupta/- AFR/NAFR U