RAM SIGASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ application has been filed for quashing of the order dated 24.7.2000, as contained in Annexure -4 by which on conclusion of the departmental proceeding under Rule 43B of the Bihar Pension Rules, punishment of withholding of 50% pension for one year has been imposed upon the petitioner. A further punishment was imposed on the petitioner vide Annexure -5 dated 19.8.2000 debarring him from payment of full salary for the suspension period.

(3.) FROM Annexure -4, it appears that after superannuation of the petitioner proceeding was converted under Sec. 43B of the Bihar Pension Rules. In the proceeding the enquiry officer submitted his report with his opinion that so far forgery of signature was concerned, the same could be established by handwriting expert. However, from Annexure -4 it appears that the disciplinary authority, i.e. the Collector on the presumption that since the petitioner was custodian of records, therefore, he could not be absolved from his responsibility for which punishment order was passed. Order of punishment of withholding of full pay for the suspension period was thereafter passed.