RAJESHWAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The Petitioner was issued a Memo of charges on 9.7.1996. The enquiry report was submitted on 23.6.2000. A second show cause notice was given on 10.1.2002. He superannuated on 31.1.2002, The proceedings were converted into one under Section 43(b) of the Pension Rules on 25.6.2002. On 10.7.2002 a show cause notice was given as to why punishment withholding 5% of pension be not passed. After consideration the final order dated 4.10.2002 withholding 5% pension was passed.

(3.) On challenge it was upheld in C.W.J.C. No. 3126/03 questioned in L.P.A. No. 714/04 unsuccessfully. In the Special Leave Petition the Petitioner acknowledged that the punishment had been given effect to, but that more than the amount necessary had been deducted. He also agreed not to reclaim any excess amount that may have been recovered. Fresh orders had thereafter been passed for recovery of certain amounts with which the present application is not concerned.