Supreme Court of India
Dr. Hira Lal v. State of Bihar & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the Respondent-State was unjustified in withholding 10% pension of the Appel lant under administrative Circulars dated 22.08.1974 and 31.10 .1974, and Government Resolution No. 3104 dated 31.07.1980 after the Appellant had superannuated on 31.03.2008.
Judgment, page 17
From the headnote
Service Law: Retiral benefits – 10% of pension and full amount of gratuity – Withholding of – On account of pending criminal pr oceedings – On the basis of Circulars dated 22.8.1974 and 31.10 .1974 r/w. Government Resolution dated 31.7.1980 – Challenged in writ petition – Single Judge of High Court dismissed the petiti on – Order affirmed in LPA – Appeal to Supreme Court – Held: Rul e 43(b) of Bihar Pension Rules, 1950 which provides for withho lding of pension does not cover a situation where judicial or d epartmental proceedings are pending – The Circulars and the Gov ernment Resolution
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Where later benches applied it
Of those, 1 referred to
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