RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was appointed as a Junior Engineer in the year 1970. He was promoted to the post of Assistant Engineer in 1978. In 1986 he was promoted to the post of Executive Engineer. He retired from service on 31.7.1999. A proceeding was initiated against him vide letter dated 2,11.1999 (Annexure-2) under Rule 43(b) of the Bihar Pension Rules (in short 'the Rules') with respect to the incident/omissions and commissions of an act in the years 1987-88 to 1989-90. Charge was furnished to the petitioner. The petitioner made a demand of the relevant documents but in spite of the demands those documents were not supplied to him. However, he filed show cause against the charge. The Inquiry authority, after inquiry, submitted report to the Disciplinary Authority. The Disciplinary Authority awarded two punishments, i.e., withholding of 50% pension and also withholding of 50% amount of gratuity under Rule 43(b) of the Bihar Pension Rules vide letter dated 21.7.2003 (Annexure-1). The petitioner has challenged the said order in this writ petition on the ground that initiation of the proceeding under Rule 43(b) of the Rules is illegal as it was with respect to the incident which took place in the years 1987-88 to 1989-90, i.e., much more than four years from the date of initiation of the proceeding, after retirement.

(2.) A counter-affidavit has been filed on behalf of the respondents in which it has been admitted that a proceeding under Rule 43(b) of the Rules after retirement of the petitioner was initiated with effect from 2.11.1999 with respect to the incident which occurred in the years 1987-88 to 1989-90. Some explanation also has been given with respect to delay in initiating the proceeding.

(3.) On consideration of the submissions made by the counsel for the parties and the materials available on the record, this much is obvious that the petitioner retired from service on 31.7.1999. A proceeding under Rule 43(b) of the Rules was initiated against him with effect from 2.11.1999 with respect to the incident/ misconduct which took place in the years 1987-88 to 1989-90, i.e., the incident took place much before four years from the date of initiation of the proceeding. Rule 43(b) of the Bihar Pension Rules reads as follows :