GIRIJA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner superannuated on 31.7.2003 while in current charge of Superintending Engineer. Proceedings under Section 43(b) of Bihar Pension Rules (hereinafter referred to as the Pension Rules) were initiated against him on 3.6.2004. The single charge was that while holding the post of Executive Engineer (Mechanical), Irrigation Mechanical Division-2 at Birpur without adjusting the temporary advance he sanctioned further advance violating the rules. The evidence in support of the same was the report of the flying squad dated 31.7.2003. The inquiry report came to be submitted on 2.9.2005 holding that he had violated procedural rules. No second show cause with a copy of the inquiry report was given to him. The final order of punishment dated 23,6.2006 was passed withholding 10% of his pension. The appellate order dated 11.9.2009 confirms the punishment.

(3.) Learned counsel for the petitioner submitted that there are no allegations of gross misconduct causing pecuniary loss to the State Government, which was a sine qua non for invocation of power under Section 43(b) of the Pension Rules. The petitioner was not given a copy of the inquiry report alongwith a second show cause notice to enable him to persuade the disciplinary authority not to accept the inquiry report and to give him the benefit of exoneration. It is next submitted from the specific assertion made a paragraph-17 of the writ application, that the audit team of the A.G., Bihar had not raised any objections and had not recorded any findings of pecuniary loss on account of alleged violation of procedures by the petitioner. This has not been denied in the counter affidavit.