RAM MANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. During the pendency of the appeal, appellant died and, accordingly, an application has been filed for substitution of the appellant by his heirs and legal representatives. The said application is allowed and, accordingly the original appellant stands substituted by the applicants, who made I.A. No. 3737/2008.

(2.) THE original appellant, an Executive Engineer of the State of Bihar faced two proceedings, one initiated under Section 55 and another under Section 55A of the Civil Services (Classification, Control & Appeal) Rules, while he was in service. Although certain progress had been made in these proceedings but they could not be concluded finally by passing a final order concluding those proceedings during the time the original appellant was in service. Prior to his death, a show cause was served upon the original appellant whereby it was proposed that the pension of the original appellant shall stand reduced to 50% of his entitlement, inasmuch as his services were found not satisfactory throughout in terms of Clauses (a) & (b) of Rule 139 of Bihar Pension Rules.

(3.) THE said order was challenged by the original appellant by filing a writ petition. A learned Single Judge of this Court noticed that the Government has decided that before exercising power under Clauses (a) & (b) of Rule 139 of the said Rules, a show cause is required to be issued to the person, who is likely to be affected, and, in the instant case, such a show cause was issued and, accordingly, there is nothing further to be done.