BALMIKI PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution has been filed by a retired Judicial Officer against the action of the High Court in reducing the pension of the writ petitioner by 75%. Pending the Writ Petition, the petitioner has passed away. Petition is prosecuted by his heir and legal representative, the wife Chandra Prabha Devi.

(2.) In 1975, the petitioner joined Bihar Judicial Service. In course of service, he received time bound promotion; was posted as Sub-Divisional Judicial Magistrate; was promoted as Sub Judge; was posted as Chief Judicial Magistrate, and was also promoted to Superior Judicial Service in March 1999. On attaining the age of 58 years, his service was extended and was permitted to continue in service till he attained the age of 60 years. On attaining the age of 60 years, the petitioner retired from service on 31st January 2003. Since his retirement, under the recommendation made by the High Court, under order dated 20th June 2005, his pension to the extent of 75% has been withheld. Therefore, the Writ Petition.

(3.) Learned advocate Mr. Ratnesh Kumar Singh has appeared for the petitioner. Mr. Ratnesh Kumar Singh has submitted that admittedly the action of withholding of pension has been taken by the High Court in exercise of power conferred by Rule 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as "the Pension Rules?). The said Rule 43(b) empowers an appointing authority to withhold a pension or part of a pension of a Government servant if he has been found guilty of grave misconduct or convicted pursuant to a criminal prosecution.