The Patna High Court today held that leave encashment of a government employee can be withheld if he or she is facing a criminal case or departmental proceedings at the time of retirement.
The high court also held that such an employee would be entitled to provisional pension which would include gratuity to the tune of an amount not less than 90 per cent.
A full bench comprising Chief Justice Rajendra and justices Ravi Ranjan and Rajeev Ranjan Prasad passed the judgement on a petition filed by Arvind Kumar Singh challenging the state government's decision to withhold his full gratuity and admissible leave encashment and release of the balance 10 per cent of pension.
"We have no hesitation in holding that when an employee is facing a criminal case or a departmental proceeding, at the time of his retirement, the government is well within its power in withholding leave encashment," the bench said in a 34-page judgement.
On whether pension can be withheld, the verdict said, "An employee who is facing departmental inquiry or judicial proceeding on the date of his superannuation would be entitled to provisional pension which would include gratuity to the tune of an amount not less than 90 per cent."
This means that 10 per cent of pension and 10 per cent of gratuity could be withheld as per section 43c as amended in 2012 Bihar Pension Rules.
Singh was working as superintending engineer in the Rural Works Department, Works Circle, Siwan, in 2013 when the vigilance raided his premises and lodged an FIR for allegedly acquiring assets disproportionate to his known sources of income.
He was placed under suspension by the state government in February 2014. While the departmental and the criminal proceedings were pending, he retired on May 31, 2015.
When he submitted claim for payment of retiral benefits, he was sanctioned 90 per cent of pension and provident fund dues while gratuity and admissible leave encashment were withheld.
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