MD.HASSAN MAJEED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed against the order dated 5.2.2009 passed in C.W.J.C. No. 3054 of 1998* wherein appellant has chosen to question the proceeding dated 15.1.1998 directing for a cut-off 50% of his pension as he was found guilty of grave misconduct causing pecuniary loss to the Government while he was working as Superintending Engineer in Subarna Rekha Project of Water Resources Department.

(2.) It is stated that he was issued a show cause on 29.4.1992 for which he submitted his explanation and he retired on 30.6.1993. The order was passed on 15.1.1998 affecting 50% cut-off from his pension. It is also contended that there was no proper enquiry as prescribed under Rule 43(b) of the Bihar Pension Rules and in absence of any departmental enquiry the order passed by Respondent No. 3 is bad in the eye of law.

(3.) Learned Single Judge having heard the parties observed that sufficient materials are available to the respondents to pass such order and, as such, he dismissed the writ application. Being aggrieved by the same the present Letters Patent Appeal has been filed.