Facts of the Case

This is a service/pension dispute, not a GST case. The petitioner, Rajdeo Ram, retired as Headmaster of Balika High School (10+2), Arwal, on 31 May 2019. Despite completing the requisite formalities and a Pension Payment Order (PPO) being issued by the Accountant General, Bihar, the District Treasury Officer, Arwal did not pay his retiral benefits, including gratuity, commutation, and leave encashment. The withholding was attributed to an allegation that materials purchased by the petitioner (in his capacity as Headmaster) were of poor quality and that he had not followed departmental instructions, for which a three-member inquiry committee had been constituted; its report was still pending.

Issues Involved

  1. Whether withholding of the petitioner's pensionary dues, pending an inquiry with no fixed timeline, was justified.
  2. Whether the petitioner had demonstrated that the purchases in question were genuine.

Petitioner's Arguments

  • The petitioner had submitted a GST invoice in support of the purchased articles, showing the purchase was genuine.
  • No departmental instruction had been issued specifying the materials to be purchased, so withholding of his pensionary amount was arbitrary.

Respondent's Arguments

  • Out of the total gratuity approved by the Accountant General, only Rs. 6,28,848.50 remained unpaid, pending the outcome of the three-member inquiry into the alleged purchase of sub-standard articles.

Court Order / Findings

  • The Court noted that the petitioner had furnished a GST invoice in support of the purchase, had not deliberately misappropriated funds, and that the inquiry committee, though constituted, had not yet submitted its report.
  • It directed the District Magistrate, Arwal to ensure the inquiry committee submits its report within two weeks, and to ensure payment of the entire retiral dues to the petitioner within a further two weeks.
  • The writ petition was disposed of with these directions.

Important Clarification

The GST invoice referred to in this order was simply documentary proof of a purchase transaction — the case does not decide any point of GST law. The Court's direction is about the pace of a pending departmental inquiry and prompt release of pension dues, a service-law matter.

Sections Involved

  • Bihar service and pension rules governing retiral benefits (specific provision not detailed in the order)

Decision – In Favour of

Decided in favour of the petitioner. The writ petition was disposed of with a direction for expeditious completion of the pending inquiry and prompt payment of the petitioner's retiral dues.

Case Details

Court: High Court of Judicature at Patna
Case No.: Civil Writ Jurisdiction Case No. 9557 of 2020
Coram: Justice Purnendu Singh
Date of Order: 21 June 2023

Link to Download the Order

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