RAM UDGAR MAHTO Vs. STATE OF BIHAR THROUGH SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard Mr. Ansul, learned counsel appearing for the petitioner, Mr. Sajid Salim Khan, learned Standing Counsel No.25 for the State and Mr. Jitendra Kumar Roy, learned counsel appearing for the Accountant General.

(2.) The petitioner by way of this writ petition has prayed for issuance of a writ in the nature of certiorari for quashing the order bearing Memo No.14213 dated 2.9.2013 passed by the State Government, whereby the petitioner has been visited with the punishment of deduction of pension @ 15% per month for a period of five years in exercise of powers vested under rule 43(b) of the Bihar Pension Rules, 1950. A copy of the order of punishment bearing Memo No.14213 dated 2.9.2013 is impugned at Annexure19 to the writ petition.

(3.) Facts of the case lie in a very narrow compass. A decision was taken by the petitioner for disposal of about 518.225 quintals of wheat which was rotting in the storage. The wisdom of the petitioner who held the post of Sub-Divisional Officer, Phulparas in the district of Madhubani, so exercised, was doubted, leading to the proceeding in question resulting in the order of punishment. Since the petitioner has superannuated while the proceeding was pending and thus the proceeding initiated under the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules') as amended from time to time stood converted in a proceeding under rule 43(b) of the Bihar Pension Rules, 1950 resulting in the order of punishment impugned.