DEOKI NANDAN JHA SON OF LATE MEDNI KANT JHA Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT OF BIHAR PATNA

JUDGEMENT

(1.) In this case, petitioner is challenging the order of punishment dated 27th January 1998 (Annexure-25 to the writ petition) by which pension of the petitioner has been reduced by 25 per cent and the another prayer is for giving promotion to the petitioner in the Super Time Scale of Grade-I with effect from 1st April, 1995 with full financial and monetary benefit and also a prayer has been made for payment of arrears and current salary, amount of pension with interest and also the cost of litigation.

(2.) That the facts of the case are that the petitioner was appointed in Bihar Administrative Service, Junior Scale. Petitioner became an Officer of Bihar Administrative Service, Senior Scale by way of merger in the year 1974. Petitioner was promoted on 1st January, 1984 in the Junior Selection Grade in the Bihar Administrative Service. Later on he was promoted in the Senior Selection Grade on 20th August, 1990 in the Bihar Administrative Service. For certain period, petitioner had worked as Sub-Divisional Officer, Civil, Patna from 8th January, 1988 to 20th August, 1990. Under the Arms Act, before 27th January, 1989, the power to grant Arms licence was with the Sub-Divisional Officer of respective Sub-Division but thereafter there was an amendment in the Arms Act and the power which was with the S.D.O., was shifted to the District Magistrate of the District concerned. While working as S.D.O., Civil, Patna he had given arms licence to many persons even after 27th January, 1989, i.e. the date on which the amendment came into effect.

(3.) While working in a different department in 1996, petitioner was served with a charge-sheet dated 15th November, 1996 (Annexure-5 to the writ petition). In nutshell, charges were that the petitioner even after 27th January. 1989, issued arms licence de hors amendment made in the Arms Act and the action of the petitioner in granting arms licence was illegal.