VIJAY KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The following reliefs as formulated by the petitioner have been claimed in the writ petition-

(3.) The short facts of the case according to the petitioner are that he joined the service as Assistant Engineer in the Irrigation Department on 5/2/1979 and in due course, he discharged his duty as Superintending Engineer and thereafter as Executive Engineer, Gandak Area Development Agency (in short 'GADA). The work of construction of Nala within 'GADA division, Chapra was started in the financial year 2010-11 during the service period of the petitioner. On a complaint made in regard to the construction, the Flying-squad team inquired into the matter and submitted its report on 20/4/2012 in the office of the Principal Secretary, Water Resources Department, Government of Bihar, Patna. Soon thereafter, the petitioner superannuated from service on 30/11/2013. A proceeding under Rule 43B of the Bihar Pension Rules was initiated in terms of Memo No. 188 dtd. 20/1/2015. On receipt of charge-sheet, the petitioner submitted his reply. The Enquiry Officer in his report dtd. 28/8/2015 exonerated the petitioner of the charges levelled against him. However, differing with the findings of the Enquiry Officer, a second show cause notice was issued on 1/12/2015 to which the petitioner submitted his reply on 22/12/2015. The proceeding concluded with award of punishment of deducting 10% pension of the petitioner for one year. A representation to the Principal Secretary did not also find favour and it was held that the punishment awarded was justified.