PRABHU NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a retired Executive Engineer, who superannuated on 31/8/2009. He challenges the order dtd. 19/10/2012, whereby 5% of his pension has been withheld for five years under Rule 43(b) of the Bihar Pension Rules on the basis of a departmental proceedings initiated under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules 1930 (hereinafter to be referred as the "CCA Rules, 1930").

(2.) The memorandum was issued to the petitioner on 10/8/2005 under extant CCA Rules, 1930 for conducting inquiry.

(3.) Five charges were levelled against him stating that the Chief Engineer, Tube-Well Wing, Patna reported in his letter no. 538 dtd. 16/6/2005 regarding irregularities while construction of Tube well at Nasibchak under Barbigha block of Munger district. Five charges were formulated which are as follows: