RAMESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Seeking quashing of an order of punishment dtd. 4/6/2010 Annexure-17 imposing punishment of reduction in pension permanently by 20% under Rule 43(b) of the Bihar Pension Rules, 1950, treating the period of absence on 5/4/2003 as unauthorized absence and confirming the period of suspension under Rule 97(2) and (3) of the Bihar Service Code. 1952 this writ petition has been filed by the petitioner.

(2.) Facts in brief goes to show that the petitioner was posted as a Fitter/Mechanic in the Central Workshop, Sheikhpura under the Minor Irrigation Department, Govt. of Bihar, and on 29/3/2003 he was deputed to work under Tube well Development Scheme, Mohania. It is alleged against him that instead of reporting for duty at Mohania, he produced a letter purportedly said to be signed by the then Chief Minister. In the departmental enquiry he was punished with the aforesaid punishment. Challenging the said order the writ petition has been filed.

(3.) Various grounds have been raised in the writ petition pertaining to procedural violation in conduct of the departmental enquiry, non-grant of opportunity of examination of the witnesses, perversity in the finding of the Enquiry Officer, acquittal of the petitioner in the criminal case which debars conduct of the departmental enquiry and the State Government has refuted the contentions.