Post-disciplinary proceedings, withholding of a partial pension does not justify non-payment of remaining undisputed retiral benefits.

The petitioner superannuated as a Chakbandi Officer on 30.04.2012

He previously filed CWJC No. 11849 of 2013 for retiral benefits, which was dismissed on 18.11.2013 due to a pending departmental proceeding, with a direction to conclude the inquiry within five months

The proceedings were finally concluded four years later via Memo No. 586 dated 04.07.2017, imposing a punishment of withholding 5% of his pension

While the petitioner challenged the 5% withholding in a separate writ (CWJC No. 12708 of 2023), the respondents failed to release his undisputed dues, including gratuity, leave encashment, and arrears of pension, despite the conclusion of the disciplinary inquiry

1. Whether the respondents are justified in withholding the petitioner’s undisputed retiral benefits (gratuity, leave encashment, and pension arrears) after the conclusion of departmental proceedings

2. Whether the pendency of a separate challenge against a specific punishment (5% pension withholding) acts as an impediment to the payment of other admitted retiral dues

The court applied Rule 43(b) and Rule 139(b) of the Bihar Pension Rules, which govern the withholding of pension and the finality of punishments in departmental proceedings

It adhered to the principle that once a departmental proceeding culminates in a final order, the state is obligated to release the remaining retiral benefits that are not subject to the specific punishment imposed

The court noted that although a direction was issued in earlier litigation to conclude the inquiry within five months, the department took over four years to pass a final order

Following the issuance of the punishment order (withholding 5% of pension), the court found that there was no longer any legal "impediment" to releasing the rest of the retiral benefits

The court rejected the State's submission that further "decisions" were required, holding that once the final punishment is quantified, the petitioner is entitled to the remainder of his statutory dues (gratuity and leave encashment) and arrears of the 95% portion of the pension

The court clarified that the merits of the 5% withholding would be decided in the separate pending writ petition

It held that these payments shall exclude the 5% pension portion currently under challenge in CWJC No. 12708 of 2023

The matter was disposed of with these mandatory directions