LAWS(PAT)-2010-1-20

MOHIBUL HAQUE Vs. STATE OF BIHAR

Decided On January 21, 2010
MOHIBUL HAQUE Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Mr. Vijay Kumar Singh, learned counsel for the petitioner and Mr. Kumar Alok, S.C. 19 for the State are present.

(2.) The petitioner is aggrieved by the action of the respondent authorities in making a recovery of Rs. 2,92,200/- from his pensionary benefits without issuing even a show cause much less initiating proceedings as required under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as the Rules). A prayer has been made for production of the order under which the recovery has been effected and for refund of the recovered amount.

(3.) The petitioner was appointed in the year 1958 on the post of Assistant and continued as such until his retirement with effect from 31.1.1996 from the post of Range Assistant, Katra, District- Muzaffarpur. The petitioner upon retirement submitted his pension papers and also received his G.P.F. amount and group insurance amount. But the other dues towards leave encashment, gratuity and pension remained pending.