STATE OF BIHAR Vs. MD ALIMUDDIN

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the respondent-State of Bihar against the judgment and order dated 20th October 2011 passed by the learned single Judge in CWJC No.9663 of 2010.

(2.) Feeling aggrieved by the order of punishment dated 9th April 2010 made by the State Government, the respondentwrit petitioner, a cashier in the office of the Executive Engineer, Design Division, Water Resources Department, Birpur, District- Supaul, filed above CWJC No.9663 of 2010 under Article 226 of the Constitution. Under the aforesaid order dated 9th April 2010, the petitioner has been, in exercise of power conferred by Rule 43(b) of the Bihar Pension Rules, 1950, visited with punishment of withholding of the entire pension and direction has been issued to recover the amount of monetary loss suffered by State Government as under:

(3.) In view of uncertainty about the date of superannuation of the petitioner, the aforesaid order dated 9th April 2010 was modified under order dated 13th May 2010. The said modified order reads as under: