SHAIL VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The original petitioner is aggrieved by Anneuxre-1 by which he has been punished by forfeiture of 10 per cent of his pension and part of his gratuity amount in lieu of a department proceeding initiated against the original petitioner.

(2.) The facts are that the original petitioner had worked as District Leprosy Officer at Dumka in the year 1989-90. It has been alleged that the original petitioner had purchased medicines from Kolkata beyond what was sanctioned by the Government. The original petitioner retired on 31.01.1994. The departmental proceeding was initiated vide Annexure-4 dated 02.08.1994 and the petitioner was asked to file show cause. Apparently, after filing of the show cause etc., Annexure-5 has been issued on 27.11.1998, which indicates that the original petitioner has been exonerated in the departmental proceeding and there is an order to pay the rest 10 per cent of pension and gratuity amount, which was due to the original petitioner.

(3.) After the order of exoneration dated 27.11.1998 (Annexure-5), memo no. 1466 (18) dated 03.12.1998 was issued apparently initiating a fresh proceeding against the original petitioner which resulted in an enquiry and the order of punishment as contained in Annexure-1.