STATE OF BIHAR Vs. ARUN KUMAR DUBEY

JUDGEMENT

(1.) Heard the parties.

(2.) The challenge in the present Letters Patent Appeal is made to an order of this Court dtd. 24/4/2023 passed by the learned Single Judge in C.W.J.C. No. 986 of 2023, whereby the learned Court has set aside the impugned orders of penalty and its affirmance by the Reviewing Authority, after having found those orders to be suffering from the vice of arbitrariness, being bad in law and further directed to ensure the consequential benefits to the writ-petitioner/respondent 1st set herein.

(3.) The appellants/State Officials being aggrieved by the afore-noted order, have preferred the Letters Patent Appeal, on the ground that the learned Single Judge has not considered the facts in the right perspective that the alleged negligence, dereliction in duty and irregularities committed by the writ-petitioner in course of discharge of his duties was thoroughly examined on the basis of the charges, defence statements and materials available on record, leading to penalty of deduction of 10% pension for a period of five years under rule 43(b) of the Bihar Pension Rules, 1950 (for short 'the Rules, 1950'), which order of penalty has also been affirmed in review.