PREM RANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) Writ petition has been filed for quashing order contained in Memo No. 7092 dated 26/7/2019, issued under the signature of the Registrar, Co-operative Societies, Government of Bihar, Patna (respondent no.3), whereby and where under the petitioner has been inflicted with the punishment of withholding of 100% pension under Rules 43(b) and 139 of the Bihar Pension Rules.

(3.) Short facts giving rise to the writ petition is that at the relevant time, petitioner was posted as Block Co-operative Extension Officer cum In-charge, Purchase Center, Bagaha Bagaha. However, in contemplation of departmental proceeding, petitioner was suspended vide Letter No. 1404 dated 25/12/2016. Charges were framed against him vide Letter No. 2554 dated 1/8/2016 (Annexure 2 to the writ petition) for certain omission or commission in procurement of paddy for the year 2012-13 for which Bagaha (Bhairoganj) Police Station Case No. 120 of 2015 and 121 of 2015 were lodged against him and he was arrested on 25/9/2015. Show cause was asked and after considering reply of the petitioner, charges were found proved and Enquiry Officer found him guilty of grave misconduct. During pendency of the proceeding, petitioner superannuated on 31.1.2017 as a result of which departmental enquiry was converted under section 43(b) of the Bihar Pension Rules vide Letter No.1872 dated 23.2.2017. After submission of enquiry report, second show cause was asked and after considering reply of the petitioner and the enquiry report, final order of punishment of withholding of 100% pension was passed vide order dated 26.7.2019 (Annexure-10).