RAMBILASH PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) BEFORE the petitioner retired, on the basis of allegations made by the association of Advocate's Clerk an enquiry proceeding was conducted against the petitioner. The object of the enquiry was to ascertain whether the allegations (1) that the petitioner was asking for a bribe of Rs. 50/ - before issuing each and every certified copy of judgments rendered by the Court; and (2) that the petitioner was inefficient, were correct. At the enquiry evidence was led on behalf of said association and also on behalf of the petitioner. The first allegation was not proved and accordingly the enquiry officer absolved the petitioner of the charge of taking bribe of Rs. 50/ - for issuing each certified copy of the judgments. The enquiry officer however found substance in the allegation that the petitioner was inefficient and accordingly held that he was so. On the basis of the said enquiry report, after the petitioner had retired, in terms of the provisions contained in Rule 43(b) of the Bihar Pension Rules, 5% of the pension payable to the petitioner has been directed to be withheld. On the ground of inefficient functioning during the service tenure, provisions of Rule 43(b) of the said Rules cannot be applied. It is true that pension is payable in recognition of good conduct of an employee during his service tenure. At the same time it is also true that inefficiency entails compulsory retirement. The fact that because the employee was inefficient during his service tenure, but had been tolerated and had not been compulsorily retired, it cannot be said after his retirement that there was no good conduct on the part of the employee in question.

(2.) IN those circumstances, the writ petition is allowed. Annexure -5 to the writ petition is quashed. The amount of deducted pension be paid to the petitioner as quickly as possible but not later than three months from today, in default the same shall carry interest @ 12% per annum.