SHAMBHU SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case a short point has been referred for decision to a larger Bench by a Division Bench of this Court by its order dated 20th of August, 1991. This reference is occasioned by an earlier Division Bench decision of this Court in the case of Singheshwari Sahay V/s. The State of Bihar and others reported in 1979 B.B.C.J. 735. The previous Division Bench decided that in a case where a Departmental Proceeding was started against the petitioner when he was in service, if before such deartmental proceeding came to an end, the petitioner has superannuated, in that case without any specific order of the Government, the departmental proceeding could not be continued. It was further held by the earlier Division Bench that since in the facts of that case it has not so ordered to be continued, after the superannuation of the petitioner, - it will be deemed to have been dropped against him. The subsequent Division Bench differed from the same and referred this matter to a larger Bench. This has now come up before us on this short point alone and we are not concerned with any other point at this stage.

(2.) BEFORE we deal with such contention, in our opinion, it is fit and proper that we set out hereunder Rules 43 and 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as the Rules) : -

(3.) IT is submitted before us, relying on the earlier Division Bench decison, that in a case where a disciplinary proceeding has been initiated against any employee, after his superannuation, such departmental enquiry cannot be continued against him; at least not unless there is a specific order of the Government to that effect. It is further argued that in any event in such a case proceeding can be taken only under rule 139 and not under Rule 43(b).