GAUTAM DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as also learned counsel appearing on behalf of the Bihar School Examination Board.

(2.) THE petitioner who served as an Assistant in the Bihar School Examination Board (in short the Board) and was scheduled to superannuate in normal course on 31.1.2005 has filed this writ petition assailing the office order bearing memo no. 2466 dated 30.10.2004, Annexure -3, whereunder he has been directed to superannuate voluntarily with effect from 31.10.2004. He has further assailed the office order bearing memo no. 2467 dated 30.10.2004, whereunder 25 percent of his honorarium amount has been directed to be deducted. The ground raised in support of ihe challenge to the office order, Annexure -3 voluntarily superannuating the petitioner with effect from 31.10.2004 is that the said order is violative of Sub -Rule (b)(i) of Rule 74 of the Bihar Service Code (in short the Code) which has already been adopted by the Board in terms of provisions contained in Clause -28 of the regulations framed by the Board.

(3.) LEARNED counsel for the petitioner has assailed the order, Annexure -4 deducting 25 percent of his honorarium on the ground that the same is not only violative of principles of Natural Justice but the punishment imposed thereunder is too severe as 25 percent of his honorarium amount has been withheld on a charge which is not a misconduct under the regulations.