NAGESHWAR PRASAD SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) In the present writ petition, the petitioner, a retired warden, District Jail, Sasaram, has prayed for quashing of the order as contained in Memo No.4110 dated 23.07.2014 by which his hundred percent pension has been forfeited.

(2.) It is contended by the learned counsel for the petitioner that the impugned order has been passed in exercise of power conferred under Rule 43(a) of the Bihar Pension Rules, 1950 (For short "Rules") is not tenable in law as the petitioner was not found guilty of the charges under the Prevention of Corruption Act while he was in service. He has contended that Rule 43(a) does not enable the State to forfeit pension of a retired employee.

(3.) It has been contended that since appeal of the petitioner against the conviction recorded by the Special Judge, Vigilance is pending, the respondents cannot forfeit his hundred percent pension. It is also contended that the punishment imposed upon the petitioner is highly disproportionate to the offence alleged and the respondents have not considered the defence taken by the petitioner against the show cause notice issued upon him while passing the order for withholdment of pension.