ANIL KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the State.

(2.) By Annexure-9, after conclusion of a proceeding under the provisions of Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as "the Rules"), punishment has been awarded withholding of 10% pension of petitioner. The notification containing punishment is dated 9.9.2008. The proceeding under Section 43(b) of the Rules, in fact, was initiated by Annexure-5 which is dated 11.11.2004. The order of initiation of proceeding, charge and punishment shows that petitioner was proceeded against for some omission and commission committed in the year 1990-91 while he was posted as Deputy Superintendent, Rajendra Nagar Hospital, Patna. It is not disputed that the petitioner superannuated on 30.4.1995. Clearly, the entire proceeding was barred by law in view of proviso (ii) to Rule 43(b) of the Rules as it was initiated much beyond four years from the date of alleged misconduct by the petitioner.

(3.) Though a counter affidavit has been filed, learned counsel for the respondents does not dispute that in view of the said provisions of Rule 43(b) of the Rules, proceeding could not be initiated as authoritatively held by successive judgments of the Division Bench of this Court.