NITYANAND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Braj Nandan Tiwary, learned counsel for the petitioner, Mr. Ashutosh Kumar Jha, A.C. to G.A.11 for the State and learned counsel for the Accountant General.

(2.) The petitioner is aggrieved by the Notification bearing No.1009 of the State Government in its Personnel and Administrative Reforms Department whereby the pension payable to the petitioner has been forfeited in exercise of powers vested under Rule 43(a) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Pension Rules'), a copy of which is impugned at Annexure-5 to the writ petition.

(3.) Facts of the case briefly stated is that the petitioner superannuated from the post of Registrar, Water Resources Department, Government of Bihar on 31.12.1997 on completion of 58 years. It is thereafter that he was granted promotion vide notification no. 576 dated 17.8.1998 on the post of Under Secretary with effect from 1.12.1995. It is 9 years after the retirement that show cause was issued to the petitioner vide letter no. 250 dated 19.1.2007, in purported exercise of power under Rule 43(b) of 'the Pension Rules' requiring a response from the petitioner. A copy of such notice is impugned at Annexure-1 and the petitioner filed his reply vide Annexure-2 on 19.2.2007. The reply was followed by another show cause vide letter no. 1329 dated 7.2008 and this time the show cause was under Rule 43(a) of 'the Pension Rules' and the foundation lay on the conviction of the petitioner by a criminal court. A copy of such notice is impugned at Annexure-3 and the petitioner filed his explanation vide Annexure-4 which has been rejected by the impugned notification dated 19.12.2008 impugned at Annexure-5 and feeling aggrieved he is before this Court.