BIKRAMA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONERS , by this writ application, challenges order dated 10.2.2003 issued vide memo no. 185 as contained in Annexure 1 whereby and where under the disciplinary authority has withheld 50% pension of the petitioner permanently.

(3.) LEARNED counsel for the petitioner submitted that after superannuation of the petitioner the pending proceeding in terms of Rule 55A of the Classification Rules stood automatically revoked and in case the authorities were so advised, they could have initiated a proceeding in terms of Rule 43B of Bihar Pension Rules which admittedly was not done nor any opportunity was given to the petitioner after passing of the order impugned. In a pending proceeding either under rule 55 or 55A of Classification Rules if the authorities wanted to proceed to withhold pension of the delinquent even after his retirement, a proceeding under Rule 43B of Bihar Pension Rules is not required to be initiated in so many words and in this connection reference may be made to a decision of Full Bench of this court in the case of Shambhu Sharan vs. The State of Bihar and ors. reported in 2000 (1) PLJR 665.