ARYA KUMAR LAL Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) : The petitioner was under the employment of the Bihar State Electricity Board since the date of his appointment on 09.12.1957. He retired from service on 28.02.1998 as a Meter Reader from the Dhanbad Circle of the B.S.E.B. Prior to his retirement, a departmental proceeding was initiated against him on 13.10.1997 on the charge that without prior approval of the Board he purchased land at Hirapur vide two separate sale deeds dated 24.03.1972, 15.10.1977 and 07.05.1978 respectively in the name of his wife and son and thereafter constructed two storied building upon the land. On the allegation of such misconduct, a departmental proceeding was initiated. The proceeding continued even after the petitioners retirement from service and was concluded on 28.06.2000. The petitioner was found guilty in the proceeding and by way of punishment, 5% of his pension was to be deducted. By the impugned order dated 11.02.2003, the deduction of 5% from the pension of the petitioner was ordered.

(2.) ASSAILING the impugned order, Shri R.S.Mazumdar learned counsel for the petitioner would argue that the departmental proceeding which was initiated during the service period of the petitioner and continued even after his superannuation but with -holding of pension can be made only if the charges leveled against him are of causing financial loss to the employer either due to misconduct or negligence.

(3.) THE issue raised for determination is whether in the facts and circumstances of the petitioners case under the provisions of Rule 43(b) of the Bihar Pension Rules the respondent authorities had the power to with -hold any portion of the pension of the petitioner ?