LAWS(PAT)-2010-5-261

SRI BINDESWARI PRASAD SINGH SON OF LATE NARSINGH PRASAD SINGH Vs. STATE OF BIHAR THROUGH SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA

Decided On May 04, 2010
Sri Bindeswari Prasad Singh Son Of Late Narsingh Prasad Singh Appellant
V/S
State Of Bihar Through Secretary, Revenue And Land Reforms Department, Old Secretariat, Patna Respondents

JUDGEMENT

(1.) Heard Mr. Alim Jang Khan, learned counsel for the petitioner and counsel for the State.

(2.) The prayer of the petitioner in this writ application reads as follows:

(3.) A counter affidavit has been filed wherein the respondents have enclosed an order of punishment dated 22.5.2008 in terms of Rule 43(b) of the Bihar Pension Rules. The order which has been passed against the petitioner after his retirement to the extent that the petitioner will not be entitled for payment of any further amount/allowances for the period of suspension i.e. 18.9.1985 to 30.9.1994, the date of retirement cannot be sustained, inasmuch as, under the scope of Rule 43(b) only punishment that can be inflicted i.e. either withholding of any fixed percentage or full of the pension or recovery of loss of amount caused to the Government exchequer.