2026:JHHC:2512 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5302 of 2024 ------ Bidya Bhushan Ram, son of Dinesh Ram, resident of Village Pilkhi More, P.O. & P.S. Sisai, District Gumla (Jharkhand). … … Petitioner Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Food and Civil Supply, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner, Hazaribag, at Hazaribagh, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand. 4. District Supply Officer, Hazaribag, at Hazaribagh, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s): Mr. Shubham Gautam, AC to AAG ------ 05/ 29.01.2026 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. The petitioner is challenging the order as contained in Memo No.217 dated 29.02.2024 (Annexure-7 to the writ petition), whereby the full pension of the petitioner and gratuity have not been released in favour of the petitioner. 3. Learned counsel representing the petitioner submits that only provisional pension is being paid to the petitioner and the entire gratuity has been withheld on the ground that a criminal case is pending against the petitioner. He further submits that the provisional pension is being paid through the Treasury, as such the payment is irregular. 4. Learned counsel representing the respondent – State 2026:JHHC:2512 2 submits that as per Rule 43 (c) of the Jharkhand Pension Rules, the petitioner is not entitled to get full pension and gratuity due to the pendency of the criminal case. 5. Rule 43 (c) of the Jharkhand Pension Rules, 2000, reads as hereunder:- “43. (c) Where any departmental or judicial proceeding is instituted or continued against an officer/employee who has retired on attaining the age of compulsory retirement or otherwise, he shall be sanctioned by the Government which instituted such proceeding, during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension, but no gratuity or death-cum- retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon.” 6. From the aforesaid provisions, it is clear that the respondents can withhold the part of the pension and the gratuity, if a criminal case is pending against the employee, till disposal of the criminal case. 7. Admittedly, a criminal case is pending against the petitioner under the Prevention of Corruption Act. 8. Thus, the respondents are well within their jurisdiction 2026:JHHC:2512 3 to withhold the gratuity and part of the pension. 9. It is admitted that the respondents have sanctioned pension provisionally. 10. It is made clear that monthly pension of the petitioner should be regularly disbursed to the petitioner on month-to-month basis, without any delay for his subsistence. 11. With the aforesaid observations, without interfering in the impugned order, this writ petition stands disposed of. (ANANDA SEN, J.) 29th January, 2026 Prashant. Cp-2 Uploaded on 04.02.2026