RADHA RAMAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, in short and substance, the petitioner seeks for quashing of the resolutions/orders at Annexures P-5, P-6 and P-7 dated 8.12. 1998, 30.1.1999 and 22.2.1999, respectively. The second respondent Board, with whom the petitioner was working, in the Board meeting held on 12.1.1999 passed Resolution No. 7333 to withdraw 50% of the total pension and 100% of the gratuity in terms of R. 43-B of the Bihar Pension Rules. Vide resolution dated 8.12.1998, the petitioner was treated to be in service of the Board till the date of superannuation i.e. 28.2.1990; he was entitled to receive arrears of salary for the period from 5.5.1987 to 28.2.1990, and he was found unfit for promotion to the post of Deputy Director. Subsequently, after giving notice to the petitioner under R. 43-B of the aforementioned Rules the Board passed a resolution dated 12.1.1999, as stated above.

(2.) The learned counsel for the petitioner contended that on an earlier occasion an order of compulsory retirement of the petitioner from service was set aside on the assessment of his performance and conduct. It was not open to the respondent Board to pass an order invoking R. 43-B, that too after inordinate delay, and having permitted the petitioner to retire from service attaining the age of superannuation. He also contended that Rule 43-B does not authorise the respondent Board to withhold or withdraw gratuity payable to the petitioner.

(3.) In opposition, the learned counsel for the respondent Board made submissions in support of the resolution under which 50% of pension and 100% of the gratuity was withdrawn. He maintained that under R. 43-B, in view of the findings recorded against the petitioner in the disciplinary proceedings that he committed an act of grave misconduct and caused financial loss to the department, such an order could be passed.