KRISHNA BEHARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 23.11.2011 stopping 30% of pension under Rule 43(b) of the Bihar Pension Rules (hereafter referred to as the 'Pension Rules') after superannuation on 31.7.1998.

(2.) A solitary charge alleged that the petitioner forged the signature of the Departmental Minister and the Chief Minister with his seal to favour one Birendra Prasad Srivastava with regard to choice posting. The Departmental Minister and O.S.D. to the Chief Minister confirmed forgery to the Principal Secretary. Sri Srivastava confirmed that the letter had been provided to him by the petitioner. Sri Srivastava was alleged to be a co-conspirator along with the petitioner. This proceeding under Rule 43(b) of the Pension Rules culminated in an order of punishment dated 8.8.2003 without evidence, visiting him with 50% stoppage of pension. In C.W.J.C. No. 9802 of 2003 the punishment was set aside with liberty to conduct the departmental proceedings afresh in accordance with law.

(3.) It is submitted that the respondents served notice for fresh proceeding on 18.1.2011. No fresh memo of charge was served. The petitioner asked for certain documents. The respondents then served the earlier memo of charge dated 15.1.2001 on 22.7.2011. They were required to serve a fresh memo of charge as the earlier punishment and the enquiry report had been set aside with a direction to hold a fresh departmental proceeding in accordance with law, in other words a de novo enquiry had been directed.