DR. BIMAL KANT DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the Accountant General.

(2.) This writ petition has been filed by the petitioner for the following reliefs:-

(3.) Learned counsel for the petitioner submits that the petitioner was in service in the Animal Husbandry Department of the then State of Bihar as Touring Veterinary Officer(Mobile) and was implicated in the Fodder Scam Case in the year 1996. He further states that the petitioner superannuated on 31.07.2002, where after he was paid 90% of his provisional pension regularly till March 2011, although in the meantime he was convicted by the trial court in the year 2007 and his Cr. Appeal No. 694 of 2007 is pending before the Jharkhand High Court. He further submits that the appeal is a continuation of the trial and no departmental proceeding had been initiated. In this regard, he relies upon a decision of the Apex Court in case of Akhtari Bi (Smt) Vs. State of M.P., reported in (2001) 4 SCC 355.