STATE OF BIHAR Vs. BASUDEO SINHA

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent of the Patna High Court has been preferred with respect to the order dated 11 -11 -1999, passed by a learned Single Judge of this Court in CWJC No. 2883 of 1999, {Basudeo Sinha v. State of Bihar), whereby the writ has been allowed and the impugned order dated 17 -5 -1995 (Annexure 11 to the writ petition) has been set aside wherein 10% of the writ petitioner's pension has been sought to be deducted in purported exercise of the power under Rule 139 of the Bihar Pension Rules, (hereinafter referred to as 'the Rules').

(2.) THE writ petitioner (respondent No. 1 herein) was an Engineer in the service of the Bihar Government. A proceeding under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as 'the Rules') was initiated against him on 31 -7 -1992, while he was functioning as such. He was superannuated with effect from 31 -7 -1992. He then moved this Court by preferring CWJC No. 1421 of 1993, {Basudeo Sinha v. State of Bihar), which was disposed of by order dated 2 -12 -1993 (Annexure 8 to the writ petition), passed by a Division Bench, whereby the State Government was directed to issue sanction order with regard to payment of gratuity, leave encashment, etc. Insofar as the question of 10% of the unpaid pension was concerned, the petitioner was advised to approach the authorities after conclusion of the departmental proceeding. The departmental proceeding was concluded and the Enquiry Officer, submitted his report against the petitioner. Thereafter, the State Government served show -cause notice dated 23 -3 -1994 (Annexure 9 to the writ petition), informing him of the adverse findings recorded by the Inquiry Officer, and was called upon to show cause as to why 10% of his pension be not permanently deducted under the Rules. The petitioner had shown cause by his representation dated 4 -4 -1994, (Annexure 10 to the writ petition). On a consideration of the same and other materials on record, the State Government passed the impugned resolution dated 17 -5 -1995 (Annexure 11 to the writ petition), whereby 10% of the petitioner's pension under Rule 139 of the Rules has been directed to be deducted permanently. The same was challenged by preferring the aforesaid CWJC No. 2883 of 1999, which has been allowed by order dated 11 -11 -1999, on the sole ground that no proceeding under the Rules had been initiated after the petitioner superannuated from service, and has consequently set aside the impugned order and directed for payment of arrears of pension. The writ petition is confined to this part of the order only. The State of Bihar has appealed.

(3.) LEARNED Counsel for the writ petitioner -respondent has advanced strenuous arguments in support of the order on the writ petition.