SATYENDRA PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order issued vide memo no, 1820 dated 24.3.2000 as contained in Annexure 1 whereby and whereunder the authorities in purported exercise of power under Rule 43(b) of Bihar Pension Rules (hereinafter referred to as the Rules) have directed to realise rupees seventeen lacs ten thousand from the pensionary benefit of the petitioner as he was accountable for pilferages of 380 mt, of bitumen.

(3.) A counter affidavit has been filed on behalf of the State stating therein that the impugned order has been passed in continuation of the earlier proceeding initialed against the petitioner in terms of Rule 55 of Classification Rules and, therefore, no notice was required to be served. In this regard reference has been made by Mr. S.N. Pathak, learned G.R 1 appearing for the State to the case of Shambhu Saran vs. State of Bihar and Ors. reported in 2000(1) RL.J.R. 665.