AYODHYA PRASAD SINHA Vs. JOINT SECRETARY (GENERAL ADMINISTRATION DEPT.) THE BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for petitioner and learned counsel for the respondent - Electricity Board. Initially petitioner had challenged the order of punishment dated 26.12.2002 contained in Annexure -14 by virtue of which the respondent -Board had ordered deduction of pension of petitioner by 2%.

(2.) Petitioner challenged this order but the Court gave him liberty to file an appeal. Vide order dated 28.10.2005 contained in Annexure -17 the appeal was rejected. Therefore the petitioner is back again before this Court challenging both the Annexures -14 and 17.

(3.) THE basic submission of petitioner is that the petitioner retired from service on 31.2.2000. After his retirement some kind of enquiry was initiated and in the same regard he was asked to offer his explanation. The respondents based on this proceeding decided to impose punishment of deduction of pension by 2%. It is not only in violation of Rule 139 of the Bihar Pension Rules but also the law well settled in this regard by this Court. Rule 139 of the Bihar Pension Rules, 1950 envisages that there must be record available with the respondent that the service of employee was not satisfactory during the service tenure and there should be adjudication of misconduct in this regard during the service period of the employee in question. If these aspect of the matters are not available then the respondents cannot invoke the jurisdiction of Rule 139 of the Bihar Pension Rules.