RAJANI KANT CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sarveshwar Tiwary, learned Advocate for the petitioner and Mr. Dhirendra Kumar, learned Advocate for the State.

(2.) The petitioner is aggrieved with the notification, as contained in Memo No. 2353 dtd. 19/8/2019, issued by the respondent no.3, whereby the petitioner has been inflicted with the punishment of 10% monthly deduction from his pension till five years. The review application preferred against the order of the disciplinary authority also came to be rejected by the notification as contained in Memo No. 382 dtd. 21/1/2020, which also put to challenge by filing an Interlocutory Application, bearing I.A. No. 1 of 2024.

(3.) The short facts, which led to filing of the present writ petition are that while the petitioner was posted as Assistant Engineer, Road Division No.1, Muzaffarpur for the period 15/1/1996 to 31/1/1996 on account of some irregularities the petitioner was put to departmental proceeding by serving a Memo of Charge (Prapatra 'K'), containing six charges, under the Memo No. 5855 dtd. 28/5/2012. On receipt of memo of charge, the petitioner appeared and filed his detailed reply, the copy of which is already placed on record. The conducting officer enquired the matter in detail and submitted his enquiry report on 23/3/2015 exonerating the petitioner from charge nos. 1, 2, 3 and 4. So far as charge nos. 5 and 6 are concerned, the enquiry officer made a recommendation that since no pecuniary loss has been caused to the Department, therefore, the charges, as alleged, can be condoned. On receipt of the enquiry report, the copy of which is marked as Annexure-5 to the writ petition, the disciplinary authority by differing with the enquiry report has issued second show-cause notice with the tentative finding of the difference of opinion. The petitioner, in response to the second show-cause notice, submitted his application reiterating the earlier version of the defence statement. Finally, the impugned order directing for deduction of 10% of pension for five years came to be passed, the copy of which is marked as Annexure-7 to the writ petition.