JUDGEMENT
Mr. Jyoti Saran, J. -
(1.)Heard learned counsel for the parties. Heard Mr. Dhananjay Kumar Tiwary, learned counsel for the petitioner, Mr. Ramadhar Singh learned G.P.25 for the State and learned counsel for the Accountant General.
With the consent of the parties the writ petition has been heard with the view to final disposal at the stage of admission itself.
(2.)The petitioner is aggrieved by the order of punishment dated 8.12014 bearing memo No.1136(9) dated 10.12014 whereby the State Government in its Health Department in exercise of power vested under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as 'the Pension Rules'), has imposed a penalty of forfeiture of 75% of pension and gratuity of the petitioner permanently. A copy of the order of punishment is impugned at Annexure-2 to the writ petition.
(3.)This case has its on peculiarities and briefly stating, a punishment order was passed against the petitioner for alleged charge of misconduct in causing disobedience of the order of District Magistrate in not taking appropriate steps for termination of employees who were charged with securing illegal appointment. The punishment order dated 18.9.1997 was questioned by the petitioner before this Court in C.W.J.C.No.9400 of 1997 and vide judgment and order dated 8.2010 present at Annexure-3, the punishment order was quashed taking note of the fact that punishment order had been passed in violation of principle of natural justice. Learned Single Judge taking note of the fact that the petitioner had since retired in the meanwhile in the year 1998, afforded liberty to the respondents to proceed under Rule 43(b) of 'the Pension Rules' if they would so like. The order further limits such exercise to a decision to be taken in this regard within six months from the date of receipt/production of a copy of the order with the further stipulation that the final order be passed within six months next. Paragraph 23 of the judgment further stipulates that if no such decision is taken within the period mentioned, then the liberty so granted would stand withdrawn.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.