BAJRANG DEO NARAIN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State. The appellant preferred CWJC No. 13323 of 2009 2012 3 PLJR 207 against the order of the Bihar Government dated 4.8.2009 contained in Annexure-1 to the writ petition. By that order the State Government decided to discontinue payment of pension to the petitioner on account of his conviction in a criminal case relating to Animal Husbandry Scam. Annexure-1 shows that in three cases investigated by the C.B.I. arising out of Fodder Scam the appellant was charge-sheeted and in one the trial concluded with his conviction on 25.9.2006. He was awarded punishment of six years rigorous imprisonment and fine of Rs. 1.50 lacs.

(2.) The main thrust of the argument before the learned single Judge was that since appeal preferred by the appellant against his conviction is still pending before the Jharkhand High Court, the State Government acted illegally and improperly in resorting to provisions of Rule 43(a) and 43(b) of the Bihar Pension Rules for withholding his pension.

(3.) The learned single Judge has discussed all the submissions and arguments in detail including the judgment in the case of Dr. Bimal Kant Das rendered by a learned single Judge of this Court on which appellant has placed reliance. The Hon'ble single Judge found judgment of the Apex Court in the case of K.C. Sareen vs. CBI, Chandigarh, 2001 6 SCC 584 to be relevant because the appellant/writ petitioner has not been able to obtain stay of the judgment of conviction itself. Only sentence has been suspended by granting him bail.