Madan Prasad Srivastava v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10488 of 2016 ====================================================== Madan Prasad Srivastava, son of Late Hirday Narain Srivastava, resident of Flat No. 302, Ashirvad Apartment, Nageshwar Colony, Boring Road, P.S.- Kotwali, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Road Construction Department, Bihar, Patna

2. Accountant General (A & E), Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava Advocate For the Respondent/s :

Mr. S. D. Yadav A.A.G. - IX Mr. Nagendra Kumar AC to A.A.G. - IX For the Accountant General :

Mr. Rabindra Kumar Priyadarshi Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 09-11-2017 Since there is a criminal case as well as departmental proceeding pending against the petitioner, the sanction of 90 per cent provisional pension is in order. Gratuity cannot be allowed at this juncture. However, so far as leave-encashment is concerned, the respondents are directed to release the leaveencashment in favour of the petitioner, preferably within a period of three months from the date of production / communication of a copy of this order.

Writ Application stands disposed off in terms of above. skm/- (Ajay Kumar Tripathi, J) U