SHASHI KANT PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 18th October 2011 made by the learned Single Judge in CWJC No. 9332 of 2010. The appellant, a retired Government servant, has approached this Court under Article 226 of the Constitution of India in above CWJC No. 9332 of 2010 to challenge the decision of the State Government to allow 75% of the pay and allowances to the appellant during the period of his suspension from service. The challenge has failed before the learned Single Judge. Therefore, this Appeal.

(2.) The facts leading to the present Appeal are that the appellant joined the service of the Government of Bihar in 1973. In course of time, he came to be promoted as Deputy Secretary to the Government of Bihar. On reaching the age of superannuation, the appellant was retired from service on 31st May, 2008.

(3.) In 2006, a disciplinary proceeding was initiated against the appellant for the acts of misconduct amounting to insubordination, using unparliamentary language, abuse of power, financial irregularity and for acting in irresponsible manner. Pending the disciplinary proceeding, the appellant was placed under suspension on 24th January, 2006. The said order of suspension was revoked on 29th April, 2008. Of the several charges levelled against the appellant, the only charge proved against the appellant was that of using unparliamentary language and the charge of acting irresponsibly was held to be partially proved. Pursuant to the said finding of guilt recorded against the appellant, under order dated 30th March, 2008, he was visited with punishment of withholding of two increments without cumulative effect.