NAWAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dhruba Mukherjee, learned Senior Counsel appearing for the petitioner and Mr. Prabhu Narayan Sharma, learned A.C. to A.G.

(2.) The petitioner has questioned the order imposing penalty passed by the District Magistrate, Muzaffarpur bearing Memo No.784 dated 8.9.2014 impugned at Annexure-1.

(3.) A rather short submission has been made by Mr. Mukherjee, learned Senior Counsel appearing for the petitioner to question the impugned order. He submits that while the petitioner superannuated on 31.8.2014, the punishment order has been passed on 8.9.2014. i.e., after the retirement of the petitioner and which is not sustainable on grounds that : (a) the proceedings were never converted under Rule 43(b) of the Bihar Pension Rules; (b) the punishment of stoppage of annual increment with cumulative effect cannot be passed against the superannuated employee; and (c) no proceedings under the provisions of the Bihar Government Servant (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as "the 2005 Rules') as amended in 2007 can continue after retirement of a government servant except if it is converted in a proceeding in accordance with Rule 43(b) of the Bihar Pension Rules.