LAKSHMI SHANKAR PRASAD Vs. STATE

JUDGEMENT

(1.) THE case was earlier heard and show cause was filed on 3rd May, 1999. This Court taking into consideration the Judgment in question dated 8th August, 1995 passed in C.W.J.C. No. 9990 of 1993 observed that the subsequent order dated 24th December, 1996, prima facie, amounted to review of the judgment in question. The Secretary, Water Resources Department, Government of Bihar, Patna was asked to be present in the Court in person.

(2.) IT is pertinent to mention here that the petitioner who was Chief Engineer superannuated from the post on 31.1.1993 and moved before this Court against that order dated 10th of November 1993 whereby and whereunder certain amount was ordered to be deducted from the pension of the petitioner. In the said case (C.W.J.C. No. 9990 of 1993) this Court held that the departmental proceeding under Rule 43 (b) of the Bihar Pension Rules (for brevity 'the Rules') was not maintainable in view of delay in issuance of charge -sheet in the proceedings it further held that the proceeding under Rule 139 of the said Rule was not maintainable. The incumbent was directed to issue sanction order in accordance with law.

(3.) IT appears that the full pension was not released to the petitioner who moved before this Court by filing contempt application. During the pendency of the ¢ case the aforesaid order was issued on 24th December, 1996 under Rule 139 of the Bihar Pension Rules. When the Secretary of the Department, Mrs. Radha Sinha, appeared before this Court and she tried to justify the order passed under Rule 139(b) of the Rules but this Court was not satisfied with the explanation she obtained time to file further affidavit. From the 3rd supplementary show cause filed on behalf of the Secretary of the Department, it appears that an F.I.R. was lodged against the petitioner on 8th December, 1996, while he was in service, giving rise to Vigilence P.S. Case No. 47 of 1986 (Special Case No. 26 of 1986) under sections 420, 469, 472, 489 and 120B of the Indian Penal Code read with various sections of Prevention of Corruption Act. During the Service period charge -sheet was submitted on 22nd February, 1992. and ultimately petitioner retired on 31st January, 1993. Supplementary Charge -sheet was followed in this case filed on 16th October, 1994. The petitioner challenged the F.I.R. in C.W.J.C. No. 718 of 1992 which was initially quashed but the Court's order having set aside by the Supreme Court in S.L.P. No. 2737 of 1993 the Criminal proceeding, aforesaid revived.