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2004 DIGILAW 1243 (PAT)

Dev Nandan Pd. Sinha v. State Of Bihar

2004-12-14

R.S.GARG

body2004
Judgment R.S.Garg, J. 1. Heard learned counsel for the parties. 2. The petitioner had filed the present writ application submitting, inter alia, that all his retiral benefits, which have yet not been paid to him, be directed to be paid. 3. This writ application was filed on 12.8.2004. It appears that a copy of the writ application was served on the counsel for the State on 11.8.2004. It appears that after the service of the advance copy on the counsel for the State, the State authorities came out of their slumber. It is to be noted that by resolution No. 1155 (18) dated 16.7.1997 departmental proceedings were initiated against the petitioner. He was placed under suspension vide notification No. 1134(3) dated 9.9.2002. Despite submission of the final report by the Inquiring Officer and second show cause notice to the petitioner and its reply by the petitioner, no action was taken by the State Government and the petitioner was allowed to retire on 31.8.2003. 4. The petitioner was thereafter relieved of suspension by departmental notification No. 1180(3) dated 27.11.2003. It goes without saying that on superannuation of a Government employee, all the pending departmental proceedings would come to an end unless the pending proceedings are converted into the proceedings under Rule 43(b) of the Bihar Pension Rules. The petitioner came to this Court seeking the retiral benefits. 5. It appears that after the service of a copy of the writ petition, the. respondents who had gone in deep slumber and hibernation, issued memo No. 1628(9) dated 21.9.2004 directing that the proceedings stand converted into one under Rule 43(b) of the Bihar Pension Rules. Strange is the highandedness on the part of the State Government. On one side they are not paying the retiral dues to the petitioner and when the petitioner came to this Court they converted the proceedings from regular departmental inquiry to a proceeding under Rule 43(b) of the Bihar Pension Rules. Though the State authorities are acting within their jurisdiction while converting the proceeding but they cannot be allowed to play fraud with the petitioner and the employees of the State by keeping their cases in . lurch and by not making payment of all the retiral dues right in time. 6. The State authorities virtually compel the employees to enter into nefarious activities. lurch and by not making payment of all the retiral dues right in time. 6. The State authorities virtually compel the employees to enter into nefarious activities. When a person does not get his retiral benefits and pension, to survive, he is likely to turn his way to the route of crime. State authorities in this State are facing the problem of law and order not because the people are born criminal but they are facing the onslaught of law and order and crime because job opportunities and working condition have gone to zero and the officers of the State, according to me, are not honest enough, which led the State to such a situation. The State if wants to have a good law and order situation in the State then it must maintain public confidence in the system itself. If public confidence in the Government and the system shatters then everything will shatter and crumble down. When a man has nothing to lose then he may go to any extent for his survival. 7. In the present matter the State authorities including the Secretaries are forgetting the fact that some day or the other they also have to come down to the road with a beggars pot in hand asking the Government that their cases of retirement benefits be settled and they be paid their dues. I am sorry to record all this but, I am compelled to record because the mounting number of cases of retiral benefits simply shows the absolute platonic and indifferent approach of the State Government in the matters of retiral benefits. I know that whatever I have said would simply fall to deaf ears of the State Officers and they would not give up their stubborn approach. Nothing can improve or repair the system which is going to the dogs. 8. The petition is disposed of with a direction that within a period of three months from the date of submission of a copy of this order the concerned head of the department shall pass final orders. If he does not act as directed above, the proceedings under Rule 43(b) of the Bihar Pension Rules against the petitioner shall stand lapsed. This application is accordingly disposed of.