SWARN LATA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.K. Shahi, learned senior counsel appearing for the petitioner assisted by Mr. Sanjeev Kumar Mishra, the Advocate on record and Ms. Binita Singh, learned Standing Counsel No.28, who appears with her assisting counsel Mr. Apurv Harsh.

(2.) This writ petition is filed under Article 226 of the Constitution of India to question the order bearing Memo No.866(9) dated 01.10.2015 passed by the State Government in its Health Department in exercise of power vested under Rule 43(b) of the Bihar Pension Rule, 1950 (hereinafter referred to as the "Pension Rules"), whereby the entire pension of the petitioner has been forfeited on a permanent basis. A copy of the order is impugned at Annexure-23 to the writ petition.

(3.) Before I proceed to deal with the arguments advanced by learned counsel appearing for the contesting parties, I deem it necessary to briefly discuss the sequence of events as it gains importance in the nature of the order which this Court proposes to pass.