STATE OF BIHAR Vs. KUMAR AJIT SINGH

JUDGEMENT

(1.) The present L.P.A is preferred by the State of Bihar against the order of the learned Single Judge dtd. 21/6/2018 passed in C.W.J.C. No. 18055 of 2010.

(2.) Brief facts of the case are that respondent Kumar Ajit Singh was subjected to disciplinary proceedings on the alleged allegations that he had committed misdeeds while holding the post of Executive Magistrate, Pakur in the Treasury Office. It is alleged that while handling certain bills matter, he is stated to have violated various provisions of Bihar Finance Rules which has resulted in loss of Rs.3.5 Lakhs. In this regard, parallel proceedings were initiated like holding of a departmental inquiry as well as criminal proceedings. In the criminal proceedings, he is stated to have been acquitted. On the other hand, departmental inquiry was concluded in imposition of penalty of cutting in pension to the tune of 20%.

(3.) Feeling aggrieved by the penalty, respondent is stated to have filed Review Petition before the Government. The State Government modified the disciplinary authority's order to the extent of cutting of pension from 20% to that of 10%. Both the orders were subject matter of C.W.J.C. No. 18055 of 2010. The learned Single Judge has taken note of the disciplinary authority's order and gave a finding that there is noncompliance to Rule 43(b) of Bihar Pension Rules, 1950 to the extent that disciplinary authority has not analyzed and given finding whether charges are grave misconduct or not?