AWADH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ application has been preferred against the order dtd. 20/3/2013 bearing Memo No. 374 passed by Engineer-In-Chief (Central), Water Resources Department, Government of Bihar, Patna as contained in Annexure-17 whereby punishment of stoppage of 5% pension has been imposed upon the petitioner in a departmental proceeding concluded under Rule 43(b) of the Bihar Pension Rules.

(3.) At the relevant point of time in the year 1989, the petitioner was posted as Junior Engineer in Minor Distributory Division-IX, Ghatshila Camp, Galudih. An agreement was entered with six different firms (one of them is M/s Barauni Tiles) for supply of PCC tiles. The petitioner was directed to receive tiles from M/s Barauni Tiles. He received sub-standard tiles from the contractor inasmuch the said tiles were not as per specification stipulated under the contract.