Judgment B.P.Singh, J. 1. Heard counsel for the parties. 2. The petitioner retired as under Secretary in the Department of Relief and Rehabilitation Department, Government of Bihar, with effect from 1st January, 1992. He was sanctioned 90 percent provisional pension, but 10 percent of his pension was withheld. Similarly he has not been paid his gratuity dues. The ground on which 10 per-cent of the pension and gratuity have been withheld is that criminal prosecution was pending against the petitioner. According to the petitioner, though that was not the ground for withholding a part of the pension and gratuity, even the criminal case resulted in his acquittal on 23.3.1994. The petitioner thereafter represented to the Department on 6.4.1994 for payment of his post retirement dues, but got no reply. 3. The petitioner was compelled to fills the instant writ petition on 9.5.1995 after serving a copy thereof on the Advocate General. When the matter came up on 31.8.1995, three weeks time was granted to counsel for the State to seek instruction. I am informed by Government Pleader No. 9 that he has not been instructed in the matter in the circumstances. I proceed to dispose of the writ petition on the basis of the material placed before me. 4. The petitioner was sanctioned only 90 per-cent of his pension provisionally. He was not paid his gratuity dues on the ground that a criminal prosecution was pending against him. There is no rule which provides that pension shall not be paid merely on the ground that a case is pending against a retired Government employee. If any part of the pension has to be withheld the State must take proceeding under the Bihar Pension Rules. Similarly, gratuity cannot be withheld on such ground. 5. In any event, the petitioner claimed that he was acquitted in that criminal case on 23.3.1994 and thereafter there was no justification for not paying to the petitioner his post retirement dues. 6. In these circumstances, this writ petition is allowed, and the respondents are directed to pay to the petitioner the balance 10 per cent of his pension with arrears within two months from the date on which a copy of this order is produced before respondent No. 2. The petitioner will be entitled to the payment of gratuity dues within the same period. The petitioner will be entitled to the payment of gratuity dues within the same period. On the amount of gratuity to be paid to the petitioner he shall be entitled interest at the rate of 12 per cent per annum calculated from the date of his retirement. 7. With the aforesaid direction this writ petition is disposed of.