Vijay Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.41 of 2018 In Civil Writ Jurisdiction Case No.9421 of 2016 ====================================================== Vijay Kumar Mishra, Son of Late Dharnidhar Mishra, Resident of VillageParoraha, P.S.- Sathi, District- West Champaran ... Appellant

Versus

1. The State of Bihar.

2. The Secretary, Chief Minister Secretariat, Patna.

3. The Officer on Special Duty, Chief Minister Secretariat, Patna.

4. The Accountant General Bihar, Birchand Patel Marg, Patna ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Sanjeev Kumar Mishra, Adv.

For the Respondents1 to 3 :

Mr. Md. Khurshid Alam, AAG XII For the AG :

Mr. Arun Kumar Arun, Adv.

For Respondent No. 4 : Mr. Atul Anand, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2018 I.A. No. 105 of 2018 Delay in filing the interlocutory application is condoned.

Considering the fact that 90 per cent of provisional pension have been granted to the appellant during the pendency of the criminal case and this is accordance to the amended provision of sub rule 43(c) of the Bihar Pension Rules, we see no error in the order passed by the learned writ Court as the action of the State Government in withholding 10 per cent of the pension and gratuity is in accordance with the stipulation contained in Section 43(c) of the Bihar Pension Rules

Patna High Court LPA No.41 of 2018(4) dt.23-03-2018 2/2 (amended) and are with effect from 19th July, 2012. Accordingly, the appeal stands dismissed.

However, in case appellant feels that he has been falsely implicated in the criminal case, liberty is available to him for approaching the appropriate Court.

(Rajendra Menon, CJ) ( S. Kumar, J) Shamshad/- U