ISHWAR CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has filed this writ application challenging the initiation of the departmental proceeding against him on the ground that it is against the provisions of Rule 43(b) of the Bihar Pension Rules, inasmuch as the Petitioner retired on 31.3.1994 and the proceeding has been initiated on 10.6.2003 when charge-sheet was served on the Petitioner.

(2.) The facts are that the Petitioner while he was in service was suspended vide order dated 9.7.1990 for the alleged allegation that he had not maintained the Cash Register or the Stock Register while working as Clerk-cum-Store Keeper in the Health Centre while he was posted at Muzaffarpur. The Petitioner's suspension was revoked on 30.3.1994, just one day prior to his retirement on 31.3.1994.

(3.) The submission made on behalf of the Petitioner is that the provisions of Rule 43(b) of the Bihar Pension Rules would not apply in his case as no sanction has been taken by the State Government for initiation of the proceeding and that a proceeding has been initiated for an offence which took place four years prior to his retirement.