MAN BAHADUR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this writ petition is aggrieved by the orders, contained in Annexures 14 and 18, whereby and whereunder the respondents authorities have purported to convert the proceeding initiated under rule 55 of the Bihar Civil Services (Classification, Control and Appeal) Rules into one under rule 43(b) of the Bihar Pension Rules and on continuation of the same imposed punishment, vide Annexure 18, impounding 100% pension for five years.

(2.) IN short, the relevant facts are that an order initiating a proceeding under rule 55 of the Bihar Civil Services (Classification, Control & Appeal) Rules was passed on 25.4.1996 against the petitioner which was served upon him on 2.5.1996 after his retirement on 30th April, 1996. without extending his services in terms of the provisions contained in rule 73 of the Bihar Service Code.

(3.) IT is submitted on behalf of the State that realising the difficulty in continuing the said proceeding after the petitioner ceased to be in the employment of the State after his retirement, the State authorities passed the order on 2.9.1997 (Annexure 14) converting the said proceeding into one under rule 43(b) of the Bihar Pension Rules and on continuation of the same, the punishment was imposed vide impugned order contained in Annexure 18.