AKHILESHWAR KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant application was initially preferred by the petitioner for payment of full salary to the petitioner after deducting the suspension allowance along with interest.

(3.) Mr. Krishna Murari, learned counsel for the petitioner submits that this petitioner retired from service on 31/1/2009 and admittedly; no departmental proceeding was initiated against him while he was in service. He further submits that the charge sheet issued on 7/10/2009 under 43 (b) of Bihar Pension Rules is non-est in the eye of law, inasmuch as, the same is permissible subject to the limitation of four years from the date of occurrence and also it has to be initiated with the sanction of a competent authority, i.e. the State Government which is absent in this case.