CHANDRA SHEKHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, the learned counsel for the petitioner, Mr. Sheo Shankar Prasad, the learned S.C.8, and Mr. Binod Kumar Labh, the learned counsel appearing on behalf of the Accountant General.

(2.) The petitioner has moved this Court for the following reliefs:-

(3.) The facts relevant for disposal of the writ petition are that the petitioner was appointed as the Deputy Collector in pursuance of the recommendation of Bihar Public Service Commission and he joined as Deputy Collector on 19.03.1983. When the petitioner was posted as Sub-divisional Officer, Gogri, the Special District Magistrate vide Letter No. 1162, dated 21.09.2007 addressed to the Chief Secretary recommended for taking disciplinary action against the petitioner on different grounds of negligence in arrangements of boats and non-distribution of food grains amongst the flood victims. The petitioner was called upon to show cause vide Letter No.706, dated 27.06.2008 along with the memo of charges issued under the signature of District Magistrate, Khagaria, Annexure-P-2 and P-2/1. The petitioner responded to the charge sheet and submitted his reply vide Letter No. 1705, dated 25.08.2008 (Annexure-P-3).The petitioner continued to serve and he retired on 30.09.2010 as Additional District Magistrate at Lakhisarai. Vigilance Case No.115 of 2009 was registered under different sections of the Indian Penal Code and the Prevention of Corruption Act on 09.11.2009, but no departmental proceeding was initiated. Charges were levelled for purchase of cement against the District Magistrate, Banka and petitioner was also posted as Deputy Collector, Banka and he was also made accused in the case that cement was purchased without constituting a purchase committee. Petitioner retired from his service on 30.09.2010 and he was persuading for payment of his retiral dues but the respondent called upon the petitioner vide Letter No.6809, dated 14.05.2012 (Annexure-P-4) to file his reply to the charges made against him while he was posted as Sub-divisional Officer, Gogri. The petitioner submitted his show cause vide his Letter No.51, dated 06.06.2012 (Annexure-P-5). The respondent after considering the show-cause of the petitioner resolved vide resolution as contained in 12081, dated 22.07.2013 for withholding 10% pension of the petitioner (Annexure-P-6).