RITAMBHARI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner is aggrieved by order dated 20.06.2005 bearing memo No. 234 issued under the signature of the Director(Primary) -cum -Deputy Secretary, Human Resources Development Department, imposing a penalty of reduction of pension by 50%. The order is placed at Annexure -16 of the writ petition.

(2.) THE petitioner raises a very short issue. It is submitted on her behalf that the petitioner having been made to superannuate under the orders of the State Government on 31.12.1996 and from the University with effect from 31.12.1998, the proceeding initiated against the petitioner in exercise of powers vested under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 (herein after referred to as the 'Rules') is wholly illegal, without jurisdiction and thus unsustainable and the order impugned having been passed in consequence of such proceeding which itself is void ab initio, also cannot be sustained and thus is fit to be quashed and set aside.

(3.) THE respondents passed fresh orders superannuating the petitioner in the light of the earlier determination of her date of birth, thus reiterating their decision as regarding her date of birth. The petitioner has questioned the proceedings including the orders of determination of date of birth in separate writ petition(s) bearing C.W.J.C. No. 6977 of 1998 and C.W.J.C. No. 11135 of 1999.