MOHINI BALA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is aggrieved by the order dated 30th December, 1994. passed by the Under Secretary, Government of Bihar, Welfare Department, whereby, a punishment for reduction in rank was passed against the petitioner, i.e., from the post of District Welfare Officer to the post of Sub -divisional Welfare Officer. The impugned order of punishment for reduction in rank was purported to have been passed with retrospective effect from 1.1.1988.

(3.) APART from any other question this Court is of the view that the order for reduction in rank cannot be passed with retrospective effect. Learned counsel for the respondent has also fairly submitted that the order cannot be given retrospective effect, but the order can be given prospective effect. 3. It is not in dispute that the petitioner was to retire from the service on 31st December, 1994, i.e. on the next date after the impugned order was passed and the petitioner was allowed to retire from the service. In para -40 of the writ petition the petitioner has categorically stated that till her retirement from the service the impugned order for reduction in rank was not served on her. The said fact has not been denied in the counter affidavit filed. In para -12 it has been merely stated that the notification for the said reduction in rank was issued on 31st December, 1994.