ARJUN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order as contained in Memo No. 1339 dated 12.12.2002 (Annexure-11), whereby, by way of punishment in exercise of power under Rule 43(b) of the Bihar Pension Rules, 25% of petitioner's pension has been directed to be withheld. The said order has been issued under the orders of the Governor of Bihar by the Department of Personnel and Administrative Reforms, Government of Bihar, Patna. The petitioner superannuated with effect from 01.02.1996 while working as Deputy Secretary, Road Construction Department, Government of Bihar. He was earlier posted as Under Secretary, in the Department of Health Education and Family Welfare, Government of Bihar. On the charge of certain misconduct during the period when he was posted as Under Secretary, in the Department of Health Education and Family Welfare, Government of Bihar, a proceeding was initiated against him after his retirement with the issuance of charge-sheet as contained in Annexure-1 dated 25.09.1996. A Conducting Officer was appointed to enquire into the charges. There were all together four charges framed against the petitioner, the substance of which is being given herein below:--

(2.) For some reason or the other, the Conducting Officer, appointed at the time of issuance of charge-sheet could not complete the enquiry. The second Conducting Officer also could not complete the disciplinary enquiry against the petitioner. Finally, the Departmental Enquiry Commissioner was appointed as the Conducting Officer vide order No. 393 dated 29.06.1998 (Annexure-5). The Conducting Officer submitted his report on 18.02.2002 (Annexure-8) holding the petitioner guilty of all the charges framed against him.

(3.) Thereafter, a second show-cause notice was issued vide memo No. 454 dated 03.05.2002 (Annexure-9) whereby the petitioner was asked to show-cause as to why the order not be made for withholding 25% of the pension in view of charges proved against him. The petitioner submitted his reply vide Annexure-10 dated 03.05.2002. Thereafter, the impugned order dated 12.12.2002 came to be passed by which punishment of withholding of 25% of pension permanently has been ordered.