MD.HASAN MAJEED, SON OF LATE MA MAJEED, RETIRED SUPERINTENDING ENGINEER Vs. STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) PETITIONER retired from the post of Superintending Engineer, Flood Control Circle, Khagaria on 30.6.1993.

(2.) Earlier he was deputed to Subarna Rekha Project which now falls in the erstwhile State of Jharkhand. He remained under Subarna Rekha Project from September, 1984 til! November, 1991. Post retirement petitioner was sanctioned provisional pension amounting to Rs. 2,498/ - which was only to the extent of 90 per cent. Some other payments had been made to him but the final settlement of his pension was not made because the respondent authorities had initiated certain proceedings against him for his act of omission and commission while working under Subarna Rekha Project. Three sets of orders came to be passed which are under challenge as Annexures - 1, 2 and 3. Annexures -1 and 2 have lost their meaning because these orders came to be withdrawan at a subsequent stage. The only issue therefore which is hurting the petitioner is the order dated 15.1.1998 contained in Annexure -3.

(3.) IN terms of the order impugned the competent authority came to a considered opinion that since the petitioner has caused serious pecuniary loss to the Government for which explanation had been called for on 29.4.1992 (Annexure -10) under Rule 55 - A of the Bihar Civil Services (Classification, Control and Appeal) Rules (for short, the Rules) which was not found to be satisfactory, 50 per cent pension was ordered to be withheld on a permanent basis.