AMIRCHAND PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The learned counsel for the petitioner and the learned Counsel for the State.

(2.) The writ application assails the order dated 10.5.2003 passed by the respondent No. 1. The impugned order visits the petitioner with an order of punishment of (a) Censure of the years 2001-2002, (b) recovery of a sum of Rs. 56,690/- from this salary with regard to salary payment from government funds and (c) release from suspension with retrospective effect from 30.9.2002, only subsistence allowance to be paid for the period of suspension but for the purposes of pension and promotion the period of suspension be counted as service. The petitioner also assails the consequential office order at Annexure 2 dated 9.6.2003 by which certain recoveries have been directed to be affected from him.

(3.) The petitioner while posted as Head Clerk was served with a memo of charges which stated that certain named employees on the basis of a forged transfer order and records between the period March 1983 to May 2001 obtained arrears of salary to the extent of Rs. 12,49,247.45 paise. The petitioner was alleged to be prima facie guilty of illegal disbursement and was thus proceeded against under the Civil Service (Classification, Control and Appeal) Rules and was placed under suspension.