MAHENDRA PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) IN this writ application the petitioner a retired Government servant has assailed his order of punishment dated 18.03.2003 withholding 25 per cent of his pension for a period of ten years on the ground of certain alleged misconduct committed by him during his active service period.

(3.) PER contra, learned counsel for the State has submitted that it was the petitioner who had created the situation for issuance of an illegal order of transfer of 46 Medical Officers, inasmuch as, he had failed to inform the higher Authorities as with regard to there being no approval of the Chief Minister for transfer of remaining 45 Medical Officers. Learned counsel for the State has also submitted that in any event the charges against the petitioner were found to be proved by the Inquiry Officer and as such, this Court is not required to go into the other aspect as with regard to discrimination in the matter of initiating departmental proceeding and/or inflicting punishment specially when the departmental Minister himself had exonerated the other officers and had found the petitioner alone prima facie guilty, whereafter the petitioner was suspended and subjected to departmental proceeding in which charges were proved against him. He would also explain that the punishment of withholding of 25% pension of the petitioner for a period of ten years in the facts and circumstances of this case can also be not held to be disproportionate keeping in view the seriousness of allegations against him.