RAM NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH the consent of the parties, this writ application is being disposed of at the stage of admission itself.

(2.) THE petitioner, who superannuated as Joint Registrar, Co -operative society from Gaya Division, Gaya, on 31.5.1996, has filed the present writ application originally challenging the resolution as contained in memo no. 1268 dated 28.5.1996, by which a departmental proceeding was initiated by the Government of Bihar, Department of Co -operation, under Rule 55 of the Bihar Civil Services (Classification, Control and Appeal). Rules, a copy of which has been annexed as Annexure 11. to the writ petition as well as for a direction upon the respondents to make payment of post -retiral benefits to him. During the pendency of the Writ application, another order was issued by the State Government dated 17.7.1997, converting the departmental proceeding under Rule 43(b) of the Bihar Pension Rules on the ground that during the pendency of the departmental proceeding, the petitioner has superannuated with effect from 31.5.1996, a copy of which has been appended as Annexure 17 and, thereafter, the petitioner filed an amendment petition challenging the said order.

(3.) THE facts, which are not in dispute, are that while the petitioner was posted as Joint Registrar, Co -operative Society in Gaya Division, he was suspended on 22.5.1996 and a departmental proceeding was initiated on 28.5.1996, as contained in Annexure 11, on the allegation that by creating false and forged documents, he had obtained leave though during that period, a warrant of arrest was issued against him in criminal case. On 4.7.1996, a supplementary charge -sheet was served upon the petitioner in the departmental proceeding, wherein two charges were also alleged against him regarding illegal payment as well as doing act beyond his power. These two matters, it appears, relate to the period of 1987. and prior to that.