HIRA LAL vs THE STATE OF BIHAR

The Supreme Court ruled that the withholding of 10% pension and full gratuity of the Appellant under the Bihar Pension Rules, 1950, was unjustified as Rule 43(b) applies only upon a finding of guilt in departmental or judicial proceedings. The Court emphasized that pending criminal proceedings do not warrant the denial of pension benefits, aligning with the precedent set in State of Jharkhand vs. Jitendra Kumar Srivastava (2013) 12 SCC 210. Consequently, the Court directed the State to release the withheld amounts, affirming the constitutional right to pension under Article 300A.