KAMLAKANT DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred to quash the impugned order, as contained in Memo No. 2491 dated 28.4.2001, issued by respondent no. 2, imposing punishment of withholding 10% of pension, recovery of amount and withholding the balance salary during the period of suspension. The petitioner has also sought for a direction to forthwith pay him the gratuity, leave safary and pension with interest at the rate of 18% per annum.

(2.) THE facts, as stated by the petitioner, in brief, are set out as under:

(3.) THE case of the respondents in the counter affidavit is that the order of punishment was based on the enquiry report, after giving full opportunity and the charges against the petitioner were 'absence from duty and not taking interest in collection of co -operative loans, misappropriating the funds and other charges'. It has also been stated that during the period of suspension, the petitioner retired from service with effect from 30.1.1999 and with the permission of the Secretary, Co -operative Department, the departmental proceedings were converted under Rule 139 of the Bihar Pension Rules by issuance of memo no. 3261 dated 6.6.2000. The case of the respondents is that on the basis of the outcome in the departmental proceedings, after giving second show cause notice and considering the show cause reply, submitted by the petitioner, the punishment was imposed, which is sought to be challenged here.