DR. HIRA LAL versus STATE OF BIHAR & ORS.

DR. HIRA LAL versus STATE OF BIHAR & ORS.

The impugned withholding of 10% pension and full gratuity pursuant to administrative Circulars dated 22.08.1974 and 31.10.1974 and Government Resolution dated 31.07.1980 was unlawful for the period from the appellant's superannuation on 31.03.2008 until the statutory amendment on 19.07.2012 because Rule 43(b) does...

Source-derived case information.

Parties
Appellant: Dr. Hira Lal; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
18 February 2020
Procedural Posture
Civil Appeal / Appeal From Patna High Court; Final Judgment by the Supreme Court
Outcome
Civil Appeals allowed
Legal Topics
Pension, Gratuity, Withholding of Pension Pending Criminal/departmental Proceedings, Executive Instructions Vs Statutory Rules, Article 300 a (right to Property)
Service Law Constitutional Law Administrative Law Pension Gratuity Withholding of Pension Pending Criminal/departmental Proceedings Executive Instructions Vs Statutory Rules Article 300 a (right to Property)

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Parties

Dr. Hira Lal

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court; Final Judgment by the Supreme Court

Legal Issues

  1. 1 Whether the State was justified in withholding 10% of pension and full gratuity of the appellant on account of pending criminal proceedings under administrative Circulars dated 22.08.1974 and 31.10.1974 and Government Resolution dated 31.07.1980
  2. 2 Whether those Circulars and the Government Resolution have the force of law absent a statutory provision under Article 309
  3. 3 Interpretation and application of Rule 43(b) of Bihar Pension Rules, 1950 and the effect of insertion of Rule 43(c) w.e.f. 19.07.2012

Ratio Decidendi

The impugned withholding of 10% pension and full gratuity pursuant to administrative Circulars dated 22.08.1974 and 31.10.1974 and Government Resolution dated 31.07.1980 was unlawful for the period from the appellant's superannuation on 31.03.2008 until the statutory amendment on 19.07.2012 because Rule 43(b) does not authorize withholding during pendency of proceedings and the executive instructions lacked statutory force under Article 309; accordingly the State must pay the withheld 10% pension for that period and release 90% of the gratuity, while after insertion of Rule 43(c) on 19.07.2012 the State is empowered to withhold 10% pending conclusion of criminal proceedings.

Court Disposition

Civil Appeals allowed

Orders

  • Respondent-State to pay the 10% of pension withheld after superannuation on 31.03.2008 until 19.07.2012 to the appellant within 12 weeks from the date of judgment
  • Respondent-State to release 90% of the gratuity payable to the appellant within 12 weeks from the date of judgment; the balance 10% to be released subject to the outcome of the criminal proceedings in R.C. Case No. 48A/1996