LAWS(PAT)-2018-4-57

RAMASHRAY PRASAD RAM Vs. STATE OF BIHAR

Decided On April 04, 2018
Ramashray Prasad Ram Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner was appointed as Supervisor, Non Formal Education in the year 1980 and thereafter upon the scheme coming to an end, his service was adjusted under the State and he joined as Supply Inspector in the year 2006. On 007.2008, Vigilance P.S. Case No. 39 of 2008 was instituted and he was imprisoned in which chargesheet was also submitted on 05.01.2009. In the meantime, the petitioner was placed under suspension by order dated 29.08.2008 with effect from 007.2008 and upon the petitioner being released from jail, his suspension was revoked on 15.06.2009. On 20.07.2009, the decision to initiate departmental proceeding against him was taken but soon thereafter the petitioner superannuated on 31.07.2009 and accordingly, on 009.2009, the proceeding was converted under Rule 43(b) of the Bihar Pension Rules, 1950. On 20.07.2009 itself, memo of charge was issued and Conducting Officer as well as Presenting Officer were appointed. The enquiry report was submitted on 16.01.2010 and thereafter, the petitioner was issued a second show cause. Before any final order could be passed, the present writ application was preferred and during the pendency of the same, on 004.2014, the final order in the departmental proceeding was passed by which 100% pension was forfeited. A separate order was also passed by which it was decided that except for subsistence allowance for the period of suspension, no further payment would be made. The petitioner, by way of I.A. No. 5837 of 2015, sought amendment in the writ petition challenging the said orders. The Interlocutory Application was allowed by order dated 28.07.2015 and, thus, challenge in this present writ application is also to the orders contained in Memo No. 2306 dated 004.2014 and Memo No. 9457 dated 12.12.2014.