RAM LAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in the writ application has prayed for quashing of the notification dated 22. 3. 1994, contained in Annexure 12, whereby a decision has been taken by the state Govep. Nment in the Water Resources department for reducing his pension by 50% and, further, for a direction to the respondents to grant full pension to him and to release 10% of his Pension and death-Cum-Retirement Gratuity (D. C. R. G.)on the basis of his revised pay so far withheld by them, and to pay the difference of his leave salary and interest, for delayed payment of pensionary benefits.

(2.) THE short relevant facts of the case are that the petitioner joined as Junior Engineer in the state Service on 7. 7. 1955 and was promoted to the post of Assistant Engineer on 4. 4. 1968. The petitioner retired from service on 31. 3. 1991 while working as executive Engineer. On 29. 3. 1993, he was provisionally sanctioned post retirement benefit at the rate of 90% pension and 90% gratuity. On 3. 4. 1993 a show cause notice (Annexure 8) was issued to him purporting to be under rule 139 (b) of the Bihar Pension Rules, 1950 (in short 'the Rules'), in response to which the petitioner submitted his reply, which is contained in Annexure 9. On 25. 1. 1994, a second show cause notice was issued to the petitioner as to why his pension be not reduced by 50% under rule 139 (b) of the Rules to which he also submitted his reply, vide Annexure 11, whereafter the impugned notification (Annexure 12) was issued.

(3.) FROM a bare perusal of the impugned notification, contained in Annexure 12, it would appear that the decision of the government to reduce the pension of the petitioner by 50% was taken pursuant to the show cause notice issued to him under rule 139 (b) of the Rules in relation to certain allegations while he was posted as Assistant engineer (Mechanical) in the years 1981-82 and 1982-83.