FAIYAZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IF a disciplinary proceeding has already been initiated against a Government employee before his superannuation, the same can be concluded after his superannuation by taking recourse to Rule 43B of the Bihar Pension Rules.

(2.) RULE 43B authorizes withholding of a part or full pension payable to the employee concerned as also recovery of loss sustained by the Government by reasons of negligence or misconduct on the part of the employee concerned from the pension payable to the employee concerned.

(3.) A disciplinary proceeding against a Government employee can be initiated either under Rule 55 of the Central Government (Classification, Control and Appeal) Rules or under Rule 55A thereof. While Rule 55 of the Disciplinary Rules requires conclusion of a disciplinary proceeding, initiated by invoking the provisions contained therein by a full - fledged enquiry, Rule 55A authorizes conclusion of the disciplinary proceeding initiated thereunder without a full -fledged enquiry.