BACHU PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) It is not disputed before us That a departmental proceedings had been initiated against the appellant, while he was in service in the year, 1991. The appellant superannuated from service on 31.1.1993 while the departmental proceedings were continuing.

(3.) It was urged before us by the learned Counsel for the appellant that once a Government servant superannuated from service, the departmental proceedings, it any pending against him, must lapse and no punishment can be inflicted upon him in such proceedings. Broadly speaking, the proposition enunciated by the Counsel for the appellant is unexceptional, but this is subject to the express provisions of the Bihar Pension Rules, particularly Rule 43 thereof which becomes significant while considering the claim to pensioner benefits of such a superannuated employee. No doubt, a retired Government servant cannot be punished, in the sense, that none of the punishments specified in the Service Rules can be inflicted upon him after his superannuation. However, the proceedings may be continued for the primrose of Rule 43 and the finding recorded in such proceedings can form the basis for action under Rule 43(b) of the Bihar Pension Rules for the purpose of withholding apart or whole of the pension payable to him, if his misconduct is found to be of the nature specified in the Rule.