State Of Jharkhand & Ors vs Jitendra Kumar Srivastava & Anr

The Supreme Court held that the State Government cannot withhold a part of pension or gratuity during the pendency of departmental or criminal proceedings in the absence of specific provisions in the Pension Rules, as established under Rule 43(a) and 43(b) of the Bihar Pension Rules. The Court affirmed the High Court's decision that the withholding of the respondent's 10 percent pension and other dues was unlawful, thereby directing the release of the withheld amounts. The appeal by the State of Jharkhand was dismissed, upholding the legal principle that pension and gratuity cannot be withheld without statutory authority.