MITHILESH KUMAR SON OF GANESH PRASAD SINGH Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The petitioner in this writ petition prays for quashing of the order passed by the State Government in its Registration, Excise and Prohibition Department bearing Notification No. 2166 dated 13.5.2015, whereby in exercise of powers vested under Rule 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as "the Pension Rules") an order is issued for deduction of 20% from the pension admissible to the petitioner. A copy of the order is impugned at Annexure 1 to the writ petition. The petitioner is also aggrieved by rejection of his review application as communicated through Memo No. 4457 dated 5.10.2015 of the Special Secretary, Department of Registration, Excise and Prohibition, impugned at Annexure 2 to the writ petition.

(2.) The facts of the present case lie in a very narrow compass.

(3.) The petitioner held a post of District Sub-Registrar and was proceeded against by drawing a disciplinary proceeding under the provisions of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as "the Disciplinary Rules") by service of a charge memo vide resolution bearing No. 2328 dated 9.5.2012, impugned at Annexure 4 to the writ petition. Four charges were levelled against the petitioner, all of which revolved around the registration allowed by the petitioner in respect of two plots of land by putting them under separate category of "commercial" and "residential", though the two plots were situated adjacent to each other and the parties transacting were also the same. The charge memo alleged failure of the petitioner to make spot enquiry in the matter which allegedly led to a loss of Government revenue to the tune of Rs. 1,25,000/-.