TRIPURARI SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was subjected to departmental proceedings while in service. Respondent No. 2 .(Food Commissioner -cum -Secretary, Food Supply & Commerce Department, Govt. of Bihar, Patna), passed the impugned order of punishment dated 5.4.2003 in purported exercise of powers under rule -43(b) of the Bihar Pension Rules 1950 (hereinafter referred to as the Rules), whereby his pension to the extent of 50% has been reduced. CWJC No. 54 74 of 2003 seeks to challenge the departmental proceedings, and CWJC No. 4796 of 2003 has been preferred with the prayer for direction to release the post - retirement benefits which have been withheld on account of the departmental proceedings. Both the writ petitions raise common issues of law and facts and, in fact, one set of arguments have been advanced, and are being disposed of by a common judgment. We shall draw the facts from the brief of CWJC No. 4796 of 2003.

(2.) WHILE the petitioner was posted as Block Supply Officer at Sahadai Buzurg, district Vaishali, he was placed under suspension by order dated 19.1.98 (Annexure 1). He challenged the same by preferring CWJC No. 962 of 1998 which was disposed of by order dated 31.8.98 (Annexure 2) with the following observations:

(3.) THE Conducting Officer was appointed by order dated 16.6.2000 (Annexure 7). The State Government issued order dated 7.9.2000 (Annexure 8), whereby the departmental proceeding was converted into one under rule 43(b) of the Rules. Notice of the departmental proceeding in the usual course could not be served on the petitioner leading to publication of notice in a local daily "Aaj", on 22.10.2001, notwithstanding which the petitioner did not appear during the course of the enquiry teport dated 17.7.2001 (Annexure 4A,) holding that the charges had been proved. Respondent no. 2, being the disciplinary authority, passed the impugned order dated 5.4.2003 (Annexure 6), whereby he agreed with the enquiry report and reduced the pension to the extent of 50%.