KRISHNA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prashant Sinha, learned counsel for the petitioner as well as Mr. Kumar Alok, learned Standing Counsel-7 for the State.

(2.) Petitioner is aggrieved by the order dated 20.3.2019 (annexure E to the supplementary counter affidavit filed on behalf of respondent no. 3 to 6) by which show cause has been issued to the petitioner under Rule 139 of the Bihar Pensin Rules, 1950 with a proposal to withholding 10% pension for further five years. Petitioner is also aggrieved by order dated 2.6.2020, issued by the Additional Secretary, Rural Works Department, Government of Bihar, Patna by which he has been awarded with punishment for withholding of 10% of his pension for a further period of five years in exercise of power under Rule 139 of the Bihar Pension Rules.

(3.) Short facts giving rise to the writ petition is that the the petitioner was initially appointed as Assistant Engineer under the Road Construction Department, Government of Bihar, Patna on 28.9.1981 and superannuated from the Rural Works Department, Government of Bihar, Patna with effect from 31.5.2016. While in service, he was departmentally proceeded by the Road Construction Department against the charge of committing irregularities in construction of Imamganj-KarpiShahar-Telpa road as work of SDBC/BM/BUSG/WMM in Km 2 to Km 24. After issuance of show cause dated 20.3.2019 and on consideration of his reply, vide Memo no. 1011 dated 2.6.2020 he has been inflicted with the punishment of withholding of 10% pension for the further period of five years in exercise of power conferred under Rule 139 of the Bihar Pension Rules, 1950.