SHYAMA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order dated 2nd August, 1999 issued vide memo no. 763 as contained in Annexure 9 whereby and whereunder following punishments have been imposed upon the petitioner......(i) withholding of entire gratuity; (ii) deduction of 10% of pension and (iv) during the period of suspension he would not be entitled for anything save and except subsistence allowances.

(3.) IT is submitted by Mr. Shahi, learned counsel for the petitioner that no evidence was led in the enquiry nor any opportunity was given to the petitioner to put forth his defence and even after initiation of a proceeding in terms of Rule 43(b) of Bihar Pension Rules, no opportunity was given to the petitioner to adduce his evidence nor any witness was examined to substantiate the charges levelled against the petitioner and, therefore entire action of the State authorities must be held to be arbitrary, unreasonable and in violation of the principles of natural justice.