UMESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. Heard the parties.

(2.) The appellant retired on 31.3.1998 while serving as the Managing Director of Bihar State Pharmaceutical and Chemical Development Corporation Ltd. (for short 'the Corporation'). He was suspended pending inquiry and disciplinary proceedings were initiated against him, when he was in service. The disciplinary proceedings were continued after his retirement on 31.3.1998. The Enquiry Officer submitted a report holding that five out of the nine charges were proved. Thereafter, the disciplinary authority by order dated 1.10.2002 imposed the punishment of forfeiture of entire gratuity under Rule 43(b) of the Bihar Pension Rules ('Rules' for short). The appellant filed a writ petition praying that the said order dated 1.10.2002 be quashed. The writ petition was dismissed by a learned Single Judge of the Patna High Court on 23.5.2006. The Letters Patent Appeal was also dismissed on 16.1.2007. The Special Leave Petition filed by the appellant was dismissed by this Court on 10.7.2007. However, as the appellant submitted that the High court had not considered the issue whether gratuity of the appellant could not be forfeited, this Court observed that if is he so desires, the appellant may file a review petition before the High court.

(3.) Appellant accordingly filed a review petition which was rejected on 22.1.2008. The said order is challenged in this appeal by special leave. Notice was issued on the said SLP, limited only to the quantum of punishment.