JITENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, by way of the present writ petition, has sought for quashing of the resolution dated 31.03.2011, whereby and whereunder a departmental proceeding has been initiated against the petitioner herein. The petitioner further seeks quashing of the enquiry report dated 29.07.2015 and the resolution dated 25.8.2016, contained in Memo No. 11710 dated 30.08.2016 whereby the petitioner has been inflicted punishment of withholding of 10% pension up to 10 years.

(2.) The brief facts of the case are that the petitioner joined the Bihar Administrative Service on 19.11.1981 on the post of Deputy Collector and superannuated from the service on 31.8.2013 while posted as Joint Secretary, Education Department, Government of Bihar. It has been stated that apart from the allegation levelled in the present case, there has been no complaint or any departmental proceeding pending against the petitioner herein during his entire career. A charge sheet dated 25.9.2009 was issued against the petitioner herein mainly on the allegation of not handing over the amount under the project head of the Municipal Corporation, Darbhanga, thus contravening the guidelines of the said project and showing negligence and slackness in the ongoing construction work of the bridge under the Kewati division. The petitioner had then filed his reply to the said charge sheet whereafter the departmental proceeding had continued and enquiry report was submitted by the Enquiry Officer dated 29.7.2015 finding the charges No.1 to 4 to have been fully proved while charge no. 5 was not found to have been proved as against the petitioner herein. A second show cause notice dated 13.8.2015, enclosing the enquiry report dated 29.7.2015 was issued to the petitioner herein and the petitioner herein submitted his reply to the same on 29.8.2015. Thereafter, the disciplinary authority by a resolution dated 30.8.2016, while considering the report of the enquiry officer and the reply filed by the petitioner herein to the second show cause notice found the charges No. 1 to 3 to have been self proved in view of the acceptance of the said allegation by the petitioner in his show cause reply, hence the petitioner has been inflicted with the punishment of withholding of 10% pension up to 10 years under Rule 43(b) of the Bihar Pension Rules.

(3.) The learned counsel for the petitioner has submitted that the order of punishment dated 30.8.2016 has been passed without considering the defence of the petitioner herein. The learned counsel for the petitioner has further drawn the attention of this Court on the merits of the charges and has submitted that the petitioner is innocent and whatever has been done by him has been done in public interest. The learned counsel for the petitioner has also referred to a judgment [ Kamla Sharan Singh vs. The State of Bihar & Ors,1999 2 PLJR 294.] to contend that the respondents will have to show that the service record of the petitioner was not thoroughly satisfactory in order to reduce pension under Rule 139(b) of the Bihar Pension Rules. In this regard it may be relevant to point out that the present case is not a case under Rule 139(b) of the Bihar Pension Rules, hence the said judgment is not applicable in the present case.