SERA|UDDLN AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a retired Superintending Engineer of the Water Resources (Irrigation) Department, has challenged the order dated 17.12.1996, issued by the State Government, a copy of which has been appended as Annexure 11, by which only 90% pension has been fixed. In other words, 10% pension has been reduced by the aforesaid order. He has also prayed for payment of 100% pension and other benefits with interest @ 18% per annum.

(2.) THE petitioner was appointed as an Assistant Engineer in the River Valley Project, now Water Resources Department, in the year 1.960. In 1977, he was promoted to the post of Executive Engineer with effect from 1976, and was confirmed on the said post in the year 1985.

(3.) WHILE the petitioner was in service, on 12.5.1989 an explanation was sought for from him with regard to certain irregularities in the embankment work in Ghonghardiha western flank in between 42.43 to 52.53 K.Ms. It was alleged that without approved estimate and without existing cross section, the work was done, as a result of which the Government suffered a loss. The petitioner submitted his explanation on 10.11.1989 denying the aforesaid allegation and sought for certain documents to file a detailed explanation. On 31.8.1990, again an explanation was sought for from the petitioner with regard to illegality / irregularity committed by him at Birpur in allotting work by issuance off tender. The allegations were with regard to periods 1987 -88 and 1988 -89. A copy of the said show -cause notice has been appended as Annexure 3. The petitioner filed a petition on 20.9.1990 demanding certain documents for submitting explanation. The concerned authority of the State Government, by letter dated 26.11.1991 (Annexure 5) asked the petitioner to peruse the relevant documents in the office on 9.12.1991. He further directed that the documents relating to allotment of tender could be inspected by visiting the offices of Birpur Circle and Birpur Division.