RUDRA NARAYAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter was heard at length on 28/4/2021. The Court noticing the submissions of the petitioner and the State, has passed the following order:-

(2.) The Court was constrained to pass order as prima facie the Court was of the view that the proceeding under Sec. 43B of the Bihar Pension Rules was not strictly in accordance with the Rules and the principles of natural justice and fair play. The Court noticed the peculiar facts of the case and the pendency of the vigilance case where the allegation of taking bribe is the charge framed against this petitioner.

(3.) The Vigilance Case is pending since 2010. In the process of completing formality of enquiry no witness was examined much less the witnesses of the trap case to establish the charges and simply because the allegations are serious, 100% pension of the petitioner has been forfeited in this case. In response to the order dtd. 28/4/2021, a supplementary counter affidavit has been filed on behalf of the Director, Primary Education. The stand of the respondents in the supplementary counter affidavit filed on 9/7/2021 contained in paras 4,5,6 and 7 is as follows:-