STATE OF BIHAR Vs. BHIMA NAND JHA

JUDGEMENT

(1.) THIS appeal on behalf of the State of Bihar under clause 10 of the Letters Patent of the Patna High Court has been filed against the order dated 17.8.1999 in CWJC No. 9710 of 1998 for adjudication; whether the respondent (writ petitioner) having been allowed to retire during the pendency of the departmental proceeding, could such a proceeding continue in terms of rule 43(b) of the Bihar Pension Rules (In short 'the rules') for withholding pension as a major of punishment or in absence of a specific order of the Government or competent authority this proceeding stands abated ?

(2.) UNDISPUTEDLY , as would appear from the materials on record, at the time of superannuation of the writ petitioner - respondent, departmental proceeding with relation to certain charges was pending against him. This is also not in dispute that the impugned, desicions for withholding the pensionary benefits was taken by the competent authorities after the retirement of the petitioner. While quashing the above order, the learned Writ Court has held since no order either in terms of Rule 43(b) of the Rules or any order for the continuity of the departmental proceeding was passed by the State Government, it was not open to the disciplinary authority to impose punishment on the same facts which were the subject matter of the disciplinary proceeding initiated during service of the respondents. The moment a Government servant is allowed to superannuate, he ceases to be in the employment of the State and, therefore, no order of punishment can be passed against him unless the rule specifically provides.

(3.) THE view which we have expressed above is fully supported by a decision of the Full Bench of this Court in the case of Shambhu Saran vs. The State of Bihar and Ors., 2000 (1) PLJR 665. It was held that in a situation like present one, no punishment of dismissal etc. can be imposed upon the delinquent as provided under the Classification, Control and Appeal Rules, after his retirement. But a punishment of stoppage of pension or recovery etc. can safely be imposed as prescribed under the provisions contemplated under rule 43(b) of the Rules. For a proper appreciation, it would be appropriate to quote the relevant finding of the judgment in extenso: