MEHTA NAND KLSHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the validity of the order dated 28.9.93, passed by the Secretary, Government of Bihar, Department of Finance, as contained in Annexure - 7, whereby and whereunder punishment for deduction of 10 per cent, from the pension of the petitioner has been ordered to be made.

(2.) It appears that earlier, vide order dated 16.8.90 contained in annexure -2 a sum of Rs. 17,871.41 P. was ordered to be deducted from the gratuity payable to the petitioner. The validity of the said order was assailed in C.W.J.C. No. 8194 of 1993 on the ground that the Commissioner, Commercial lax had no authority to take such decision, and that the said order was passed without even asking for any show cause from the petitioner. This Court, vide order dated 14.S.93 contained in annexure 5, quashed the aforesaid order and directed the secretary to the Government, department of Finance to decide the matter afresh after giving notice to the petitioner in accordance with law within two months from the date of filing of the show cause by the petitioner. In so far as the claim of the petitioner for payment of G.P.F. amount raised in the said writ case, the Court directed to issue necessary orders of sanction so that the G.P.F. amount must be paid to the petitioner without any delay. Thereafter, the impugned order contained in annexure-7 has been passed.

(3.) Mr. Sinha learned Counsel appearing for the petitioner has contended that the impugned order cannot be sustained in view of the law settled by the Apex Court in the case of Union of India & another v. R.K. Desai reported in 1993 (24) Administrative Tribunals Cases 74 (S.C.) According to him, deduction cannot be ordered to be made on the ground of alleged charge without there being any charge finding against the petitioner of corrupt or improper motive for the exercise of the quasi-judicial power by him under the provisions of the Finance Act.