GORAKH NATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) The Petitioner questions the order dated 29.4.2005 initiating departmental proceedings againsl him under 43 (b) of the Bihar Pension Rules. He is stated to have superannuated on 31.10.2004.

(3.) Learned Counsel for the Petitioner submits that the charges reLate to the period 2.5.1991 to 30.11.1999, when he was posted as a Junior Engineer in the Road Construction Division, Lakhisarai. It is submitted that the memo of charge is dated 2.2.2005 which is much beyond the period of four years from the date of the charge. Reliance is placed upon a deci-sion of the Supreme Court State of Bihar and Ors. v. Mohd. Idris Ansari, 1995 AIR(SC) 1853 on which a decision of this Court Bhubneshwar Sharma v. The State of Bihar and Ors., 2010 1 PLJR 686 is founded.