RAJESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner, herein, seeks quashing of Notification No. 1046(S), dated 07.02.2014, issued by the Deputy Secretary, Vigilance Department of Road Construction, Government of Bihar, whereby the disciplinary authority permanently withheld 20% of the pension of the petitioner.

(3.) The learned counsel for the petitioner submits that the petitioner was posted as Executive Engineer in the Department of Road Construction, National Highway Road Circle, Muzaffarpur. The petitioner retired on 31.05.2007 as In-Charge Superintending Engineer and the petitioner was granted pension vide Pension Payment Order No. 371763 on 06.10.2017 with effect from 01.06.2007. It is, further, submitted that on 19.07.2011, the Special Secretary, Road Construction Department, Government of Bihar, vide order, as contained in Memo No. 8164(S), dated 19.07.2011, initiated a proceeding under Rule 43b of the Bihar Pension Rules (hereinafter referred as, "the Rules") on five charges. Sum and substance of which are that the petitioner promoted some fourth grade employees to the post of Class III Clerk. The petitioner also granted benefits of Assured Career Progression to the work charge employees against the departmental norms and rules.