BHOLAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the Government order dated 10.10.1998 issued by the Under Secretary in the Water Resources Department, Government of Bihar, contained in Memo No. 2872 (Annexure -1) in purported exercise of the power under Rule 43(b) of the Bihar Pension Rules withholding 100% pension of the petitioner for one year.

(2.) PETITIONER was initially appointed as Junior Engineer (Mechanical) in the then Irrigation Department now Water Resources Department with effect from 10.8.1961 and was promoted to the post of Assistant Engineer (Mechamical) in March, 1973. According to him due to clean service he was promoted as Executive Engineer in March, 1983. In November, 1986 he was transferred to Mechanical Division, Mohammadganj (Daltonganf) as Executive Engineer (Mechanical) and functioned there till August, 1988, from where he was transferred in Swarnrekha Project. In February, 1991, the petitioner was. transferred and deputed in the Minor Irrigation Department, but before he could join his posting he was placed under suspension on 8.2.1991 and an F.I.R. was also lodged against him. However, since after his suspension no charge sheet was served, he moved this Court by filing C.W.J.C. No. 2929 of 1991 - challenging the validity of the order of suspension, which was passed in contemplation of the departmental proceedinig. This Court vide order dated 19.9.1991, contained in Annexure -2 disposed of the said writ petition directing the Police authority to complete the investigation and submit final form within four months. As regards disciplinary enquiry this Court directed that as the suspension order provides that it was passed pending disciplinary enquiry against the petitioner, the Respondent shall submit a charge sheet within a period of six weeks, but thereafter no further steps shall be taken by them and the petitioner shall not be required to furnish reply to it until the criminal case comes to an end. With respect to the order of suspension, the Court directed that the petitioner, if so advised, may file representation for revocation of suspension order, which shall be disposed of by the authority concerned within three weeks. Accordingly the petitioner was served with charge sheet vide letter dated 13th September, 1994, contained in Annexure -3. Petitioner submitted his show cause on 6.12.1994 vide Annexure -4. The charge sheet related to the year 1987 -88.

(3.) ON 31.1.1998, petitioner superannuated and later filed C.W.J.C. No. 1135 of 1998 challenging the validity of the said order in this Court. This Court vide order dated 24.2.1998, contained in Annexure -5, while hearing I.A. adjourned the matter for filing counter affidavit and rejoinder and in the meantime directed that if no recovery from the pay of the petitioner has already been started then such recovery may not be started until further orders of this Court. In view of the aforementioned order dated 19.9.1991 passed in C.W.J.C. No. 2929 of 1991 the order dated 17.9.1997 was withdrawn vide Government notification dated 27th March, 1998, contained in Annexure -6. Thereafter vide order, contained in Annexure -7, 90% provisional pension of the petitioner was sanctioned, with effect from his date of retirement. In the order dated 16.9.1998, contained in Annexure - 8, it was, however, stated that a show cause notice was issued under Rule 55A vide letter no. 2647 dated 13.9.1994, which however, could not be converted before the petitioner superannuated. As such, the said proceeding was converted under Rule 43(b) of the Bihar Pension Rules by the said order; and thereafter vide impugned order, contained in Annexure - 1, the petitioner was inflicted with the punishment in purported exercise of the power under Rule 43 (b) of the Bihar Pension Ruies.