RAJ BAHADUR PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner is aggrieved by the order dated. 30.11.1999 passed by respondent No.3 ordering 5% withholding of his pension, as also the appellate order dated 1.9.2000 passed by respondent No.2 modifying the same to the extent of 5% of pension shall be withheld for five years only. The petitioner was susepnded on certain current charges on 2.9.1992. Memo of charges was served on him on 10.2.1994. An enquiry report came to be submitted on 30.6.1994 exonerating him from the charges. Nothing transpired further when he retired on 31.12.1997. On 6.7.1998 the departmental proceeding were sought to be converted into one under Rule 43B of the Bihar Pension Rules and a show cause notice was issued to him for appropriate punishment when the impugned orders have followed. Learned counsel for the petitioner submitted that after the report of exoneration was submitted in a departmental proceeding on 30.6.1994, the authorities had the option to differ with the enquiry report by giving notice to the petitioner of tentative reasons for the disagreement and the punishment proposed. The authorities did not choose to do so. It shall, therefore, be deemed that the report of exoneration was accepted. The petitioner superannuated on 31.12.1997. The master - servant relationship came to be severed. It was also urged that there is no sanction of the State Government to the proceeding sought to be converted into Rule 43B of Bihar Pension Rules. The departmental proceedings sought to be continued are on a ground, in any event, more than four years and therefore barred under Rule 43B of Bihar Pension Rules.

(3.) LEARNED counsel for the State urged that an F.I.R. has been lodged against the petitioner also and the matter remains pending.