SUDHANSHU SHEKHAR TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for the following reliefs:-

(3.) The brief fact giving rise to the present writ petition is that the petitioner having been allocated the Bihar Employment Service, gave his joining as a District Employment Officer on 2/4/1992. He was promoted to the post of Assistant Director of Employment on 2/4/2004 in the pay scale of Rs.15600.0039100/- with Grade Pay of Rs.6600.00. Subsequently, the petitioner was granted promotion to the post of Deputy Director of Employment and thereafter superannuated from service on 31/10/2017. On 16/10/2017, the petitioner informed the Principal Secretary, Department of Labour Resources, Government of Bihar, Patna about fake appointments on Class- III and Class-IV posts in the Department of Employment and the need to enquire into the matter. Pursuant to the Letter dtd. 16/10/2017, an enquiry was conducted and without any basis the department initiated departmental proceeding against the petitioner vide Resolution No. 2887 and 2888, both dtd. 31/10/2017, but the same was not served upon the petitioner, since on the same day he has superannuated. The said resolutions were not served upon the petitioner, since the same were said to have been sent to the previous place of posting of the petitioner i.e. Gaya Division, Gaya, therefore, the same was returned unserved. However, vide Memo Nos. 3112 and 3114 dtd. 16/11/2017 issued under the signature of the Deputy Secretary to the Government, Labour Resources Department, Government of Bihar, Patna a decision was taken to convert the departmental proceeding, initiated against the petitioner vide Memo No. 2888 dtd. 31/10/2017, in the proceeding under Rule, 43(b) of the Bihar Pension Rule, 1950. The petitioner was served with all the letters mentioned hereinabove i.e. Resolution Nos. 2887 and 2888 dtd. 31/10/2017 and Resolution Nos. 3112 and 3114 dtd. 16/11/2017, through registered post on 22/11/2017. Along with the letters, the charge Memo was also annexed, from where the petitioner came to know about the initiation of departmental proceeding against him. Subsequently vide Letter No. 3468 dtd. 4/12/2017 issued under the signature of the Deputy Secretary to the Government, Labour Resources Department, Government of Bihar, Patna the petitioner was informed that the entire gratuity has been kept withheld due to the pending enquiry against him and he was also informed that his pension has been reduced by 10%.