BHUPENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Raju Giri, learned counsel for the petitioner and Mr. S.K. Mandal, learned counsel for the State.

(2.) The petitioner by invoking the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the Memo No. 1178 dtd. 18/4/2022 issued by the Joint Secretary, Scheduled Caste and Scheduled Tribe, Welfare Department, Bihar, Patna, by which in purported exercise of power under rule 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rules, 1950') the pension of the petitioner has reduced to 50%. The petitioner also sought a direction upon the respondent(s) to restore his full pension with all consequential benefits.

(3.) The necessary facts as gleaned from the records for the purposes of disposal of this case, is/are that while the petitioner was working in the establishment office of the District Welfare Officer, Gaya, he had filed an application on 29/6/2017 before the District Welfare Officer, Gaya, requesting for casual leave from 1/7/2017 to 5/7/2017 which was duly accepted and allowed. In the meantime, the District Magistrate, Gaya, vide his letter no. 4834 dtd. 30/6/2017 directed the Deputy Development Commissioner, Gaya, to institute an FIR against certain persons, who were involved in illegal disbursement of fund to fake colleges. By the said letter, it was directed to get the FIR instituted by the petitioner, who was working as Sub Divisional Welfare Officer at Neem Chak Bathani, Gaya. It is the fact that, as the petitioner had taken casual leave, the FIR got instituted by Block Welfare Officer, Town, Gaya on 1/7/2017.