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2003 DIGILAW 124 (PAT)

Ganga Narain Lal Das v. State Of Bihar

2003-01-29

NAGENDRA RAI, R.S.GARG

body2003
Judgment Nagendra Rai, R. S. Garg, JJ. 1. Heard learned Counsel for the parties. 2. This appeal is directed against the order dated 9-5-2002 in CWJC No.1711/ 2002 (Ganga Narain Lal Das V/s. The State of Bihar and Ors.) passed by the learned Single Judge rejecting the prayer of the writ petitioner for release of full pension, gratuity and entire amount of GPF. 3. Admitted fact is that a criminal case is pending against the petitioner and in terms of the circulars issued by the State Government, during pendency of a criminal case, full pension including gratuity cannot be released, and as such the order of the learned Single Judge so far as it relates to rejection of the prayer for payment of entire amount of pension and gratuity is concerned, the same is not interfered with. So far as the amount of GPF is concerned, learned Counsel for the appellant relied upon a judgment rendered by the Division Bench of this Court in the case of the State of Bihar and Ors. V/s. Ganga Bishnu Mahto and Ors. , ( 2001 (4) PLJR 435 ) and stated that the same cannot be withheld. In view of the aforesaid decision, the amount due towards GPF cannot be withheld during pendency of the criminal proceedings. 4. Learned Counsel for the appellant-writ petitioner stated that amount due towards GPF has already been released during pendency of this appeal but according tohim entire GPF amount has not been paid. In view of the said assertion made on behalf of the appellant, the only question remains to be decided is as to whether the entire amount of GPF has been paid or not. This factual controversy cannot be decided in this jurisdiction. Accordingly the appellant writ petitioner is directed to file an application before the Director, General Provident Fund, Government of Bihar, Pant Bhawan, Patna, Respondent No.3 along with a copy of this order bringing to his notice the amount still due towards G. P. F. and the Respondent No.3 will consider and dispose of the same within two months from the date of filing of the application. If the Respondent No.3 comes to the conclusion that some amount is still due then the same shall be paid to the appellant within one month thereafter. 5. In the result, this appeal is allowed in part as indicated above.