SHIVA DUTTA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner is aggrieved by the order of punishment dated 15.7.2004 in pursuance of proceedings under Section 43B of the Bihar Pension Rules (hereinafter referred to as 'the Rules ' for short), visiting him with the punishment of complete forfeiture of his pension under Rule 39 of the Rules. The petitioner was posted as the In -charge Treasury Officer at the relevant time. The allegations relate to attempted passing of salary bills contrary to the request of the Headmaster without intimation to him. Two more persons of the Treasury Department, one Mahadeo Ram and the other Vijay Kumar Srivastava, were alleged to have acted in tandem with the petitioner. On 16.1.1997 memo of charges were issued to the latter two. Mahadeo Ram came to this Court in C.W.J.C. No. 2438/97. While directing expeditious conclusion of the proceedings this Court directed that if the proceedings were not concluded by 30.5.1998, then the charge -sheet and the suspension order shall stand quashed from 5th of June, 1998. The proceedings remained inconclusive. Departmental orders dated 26.9.2001, at annexure -9 followed. The proceedings were deemed to be quashed by a formal order by the respondents not only against the applicant Mahadeo Ram but also against the aforesaid Vijay Kumar Srivastava who was not a writ petitioner as noticed above.

(3.) THE petitioner, in the meantime, superannuated on 31.1.1997. a show cause dated 14.10.1998 was issued to the petitioner initiating proceedings under Rule 43B of the Rules.