LAL BABU PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by order dated 07.08.2007 whereby the pension of the petitioner has been withheld, the petitioner has approached this Court.

(2.) THE brief facts of the case are that, the petitioner was appointed on the post of Sub -Inspector of Police on 01.01.1970 and he superannuated from service on 28.02.2007. Initially, the date of birth of the petitioner was recorded in the service book as 28.02.1947 however, the petitioner realising the mistake in his certificate issued by the Bihar School Examination Board, Patna obtained a corrected certificate disclosing his date of birth as 28.02.1949. The petitioner made representation to the respondent -authority and produced the corrected copy of the certificate issued by the Bihar School Examination Board, Patna for correction of his date of birth in the service record from 28.02.1947 to 28.02.1949. After the superannuation of the petitioner from service, a charge -memo was issued to the petitioner on 07.08.2007 and departmental proceeding was initiated against him. Enquiry report dated 16.04.2010 was submitted finding the charges proved against the petitioner. A second show -cause notice was issued to the petitioner however, the petitioner failed to reply to the same. Vide notification dated 26.07.2010 the disciplinary authority passed the order of punishment, withholding pension of the petitioner. An order for registration of a criminal case was also passed by the respondent No. 2.

(3.) HEARD the learned counsel appearing for the parties.