SURYA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against order no. 39/97 -07 dated 19.1.2002 passed by respondent No. 1 as contained in Annexure -5 whereby and whereunder certain punishments have been imposed upon the petitioner under Rule 43 (B) of the Bihar Pension Rules (hereinafter referred to as "the Pension Rules").

(3.) LEARNED counsel for the petitioner submitted that the departmental proceeding which was initiated against the petitioner under the provisions of the Civil Services (Classification, Control & Appeal) Rules, 1930 (hereinafter referred to as "the Civil Services Rules") since was not concluded before his suparannuation with effect from 31.12.1998, the proceeding in terms of Rule 43 (B) of the Pension Rules was not maintainable inasmuch as that a separate proceeding was not drawn up against the petitioner under Rule 43 (B) of the Pension Rules. It was further submitted that the copy of the enquiry report of the proceeding was also not given to the petitioner nor any opportunity was given to the petitioner to represent his case against the proposed action of the authorities in terms of Rule 43 (B) of the Pension Rules.