SURENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by order of the disciplinary authority contained in Annexures-14 and 15 dated 23.1.2003 and 4.2.2003. By order dated 23.1.2003, 25% of the petitioner's pension has been deducted by way of punishment in a disciplinary proceeding. By order dated 4.2.2003, the disciplinary authority has directed that that the petitioner would only be entitled to subsistence allowance during the period he was placed under suspension.

(2.) As far back as on 31.3.1998 a disciplinary proceeding was initiated by serving charge-sheet on the petitioner in which it has been alleged (a) That the petitioner is careless and is not performing his duties in a proper manner, (b) He did not make attempts to get the registration fee deposited in the treasury and, (c) That he had prepared challans on 24.4.1997 with respect to Rs. 5,70,792.92- 1,27,248.42. As a result Rs. 1,27,248.42 was left lying on the iron safe of the treasury alongwith the amount which was collected on 28.4.1997.

(3.) In the night of 29.4.1997 a dacoity took place. The iron chest was broken and a sum of Rs. 1,93,831.54 was stolen away from the registration office for which a criminal case and departmental proceeding was initiated. This proceeding remained pending. The petitioner retired on 31.12.1999. Thereafter, as there was a delay in payment of his pension dues, he filed CWJC No. 12146 of 2002 which was disposed of on 28.1.2003. It was during the pendency of the aforesaid writ application that an order was passed on 23.1.2003 deducting 25% of the pension of the petitioner in the said departmental proceeding. The Court gave liberty to the petitioner to challenge the correctness of the order of punishment by filing appropriate writ application.