Yogendra Sah vs State of Bihar & Ors

Heard learned counsel for the petitioner and State.

The petitioner had moved the Court for the following reliefs:

“ That this writ application is being filed for issuance of appropriate writ/writs, commanding the respondents to ensure payment of retiral dues of

the petitioner i.e. Pension, Gratuity as well as benefit accruing from the commutation of pension for which the Accountant General, Bihar, Patna has

already issued pension payment order (hereinafter referred to as P.P.O.) and other consequential benefits, if any, including suitable interest for the

delay caused for payment of legitimate claims of the petitioner.â€​

After some arguments, learned counsel for the petitioner submitted that though pension has been started during the pendency of the writ petition but

amount of more than Rupees Seven Lakhs has been withheld on the charge that the money taken by the petitioner as advance for construction of

school building has been misutilized. Learned counsel submitted that the said charge is baseless but acknowledges that in view of there being an order

against him, he would be required to assail the same in a duly constituted proceeding. Accordingly, learned counsel for the petitioner submitted that the

writ petition be disposed off with liberty to the petitioner to assail the order of withholding of the amount from his pensionary benefits in a fresh

proceeding.

Learned counsel for the State does not object.

In view thereof, the writ petition stands disposed off with liberty to assail the order of withholding of any amount of his pensionary benefits before

the appropriate forum, in accordance with law.