NANDJEE MEHTA SON OF LATE RAM NARESH SINGH Vs. STATE OF BIHAR; DIVISIONAL COMMISSIONER, PATNA DIVISION; COLLECTOR-CUM-DISTRICT MAGISTRATE-CUM-DISCIPLINARY AUTHORITY, BHOJPUR; ADDITIONAL COLLECTOR, (LAND REFORMS); SUB-DIVISIONAL OFFICER; CIRCLE OFFICER-CUM-PRESENTING OFFICER; ACCOUNTANT GENERAL (P&E)

JUDGEMENT

(1.) The challenge in the present writ application is to an order dated 25th of January, 2014 whereby the entire pension has been ordered to be forfeited for life including the amount of gratuity, earned leave, subsistence allowance during the period of suspension and other retiral due.

(2.) A perusal of the order shows that the petitioner is facing a trial for the offences under Sections 7, 13 (2) read with Section 13(1) of the Prevention of Corruption Act, 1988 for accepting illegal gratification of Rs.3,500/-. In a separate departmental enquiry on similar allegation, the enquiry officer found the petitioner guilty. The disciplinary authority passed an order forfeiting the entire pension for life, including the amount of gratuity, earned leave, subsistence allowance during the period of suspension and other amount due.

(3.) I find that the forfeiture of retiral benefits such as leave encashment, gratuity, entire pension and that too for life is highly disproportionate to the misconduct proved. The forfeiture of all the retiral benefits, which are result of past service rendered by the petitioner, should not be ordered to be withheld on account of misconduct. The punishment imposed is highly disproportionate to the misconduct proved.