KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has assailed the order of punishment in a departmental proceeding. Such order came to be passed on 14.7.2004 as contained in Annexure -5 to the writ application whereby and whereunder the petitioner was subjected to stoppage of one increment with non -cumulative effect as also an order of censure apart from debarring him from working as a Question Setter in future.

(2.) COUNSEL for the petitioner submits that the day on which the impugned order was passed i.e. 14.7.2004, he had no longer remained in service inasmuch as he had stood superannuated from service on 30th June, 2004 and as such any order of punishment as with regard to stoppage of one increment or with regard to making an entry of censure in his service book could not have been passed in view of the fact that he had already gone beyond the disciplinary control of the State Government on account of his superannuation. Counsellor the State as with regard to the aforementioned submission states that the Government had passed an order as contained in Annexure -A whereby and whereunder recoveries were sought to be made as the order of punishment otherwise could not have been given effect to.

(3.) THIS Court after hearing the parties is satisfied that the order of punishment passed against the petitioner cannot be sustained because after 30.6.2004 if any order could have been passed in a departmental proceeding initiated prior to his superannuation that would have been only in terms of Rule 43B of the Bihar Pension Rules. It may be just noted here that Rule 43B of the Rules postulates imposition by way of withholding of pension either full or in part only on the ground of gross misconduct or pecuniary loss.