BHARAT PURBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ramakant Sharma, learned Sr. counsel, duly assisted by Mr. Rajesh Kumar learned counsel for the petitioner and Mr. Vivek Prasad, learned Government Pleader No.7, for the State.

(2.) By filing the present writ application, the petitioner is seeking quashing of the order, contained in Notification No.1919 dtd. 3/9/2019, issued under the signature of respondent Additional Secretary to the Government, Water Resources Department, Government of Bihar, Patna, whereby the petitioner was awarded with a punishment of stoppage of total pension under Rule 43(b) of Bihar Pension Rules, 1950. The petitioner further sought quashing of the order contained in Notification No. 179 dtd. 6/2/2020, issued under the signature of respondent Additional Secretary to the Government, Water Resources Department, Government of Bihar, Patna, whereby revision petition filed by the petitioner has been rejected and the punishment awarded was upheld.

(3.) Shorn of unnecessary details, the undisputed facts which are relevant for consideration of the issues are the petitioner was appointed on the post of Assistant Engineer in Water Resources Department on 31/1/1979 and after serving more than 36 years, he superannuated on 31/3/2015 from the post of Executive Engineer. During the service period, a criminal case, bearing Economic Offence Unit Case No. 36 of 2013 dtd. 13/8/2013 was registered for the offences under Ss. 13(2) read with Sec. 13(1) of the Prevention of Corruption Act, 1988, with an imputation that the properties were found disproportionate to his known source of income along with the properties of his wife and, as such, the properties of the petitioner and his wife were confiscated by learned Authorized Officer, Patna.