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2007 DIGILAW 1177 (PAT)

Ram Sigasan Rai v. State Of Bihar

2007-07-20

J.N.SINGH

body2007
Judgment 1. Heard learned counsel for the parties. 2. This writ application has been filed for quashing of the order dated 24.7.2000, as contained in Annexure-4 by which on conclusion of the departmental proceeding under Rule 43B of the Bihar Pension Rules, punishment of withholding of 50% pension for one year has been imposed upon the petitioner. A further punishment was imposed on the petitioner vide Annexure-5 dated 19.8.2000 debarring him from payment of full salary for the suspension period. 3. Petitioner contends that he was suspended vide Annexure-1 dated 6.7.1999. Allegation against the petitioner was that in the capacity of Head Assistant of Sub-Divisional Office, Dumraon he had forged the signature of Executive Magistrate of Dumraon on the case record of case no. 23 of 1999 under Sec. 164 Cr.P.C. instituted under Sec. 144 Cr.P.C. Thereafter, vide Annexure-2, the suspension of the petitioner was revoked and by Annexure-3 he was again posted in the Sub-Divisional Office, Dumraon. 4. From Annexure-4, it appears that after superannuation of the petitioner proceeding was converted under Sec. 43B of the Bihar Pension Rules. In the proceeding the enquiry officer submitted his report with his opinion that so far forgery of signature was concerned, the same could be established by handwriting expert. However, from Annexure-4 it appears that the disciplinary authority, i.e. the Collector on the presumption that since the petitioner was custodian of records, therefore, he could not be absolved from his responsibility for which punishment order was passed. Order of punishment of withholding of full pay for the suspension period was thereafter passed. 5. In Paragraph 9 of the writ petition petitioner has asserted that before issuing Annexures-4 and 5 no opportunity was given to the petitioner to explain his defence nor any opportunity of show cause was given to him with respect to withholding of pay of the suspension period. 6. It appears from Annexure-4 that the order of punishment was passed only on the presumption that the petitioner was custodian of record. The other submission of the learned counsel for the petitioner is that there is no charge or finding with regard to pecuniary loss caused to the Government and as such under Rule 43B of the Bihar Pension Rules, respondents have no jurisdiction to initiate the proceeding and hold him guilty. The other submission of the learned counsel for the petitioner is that there is no charge or finding with regard to pecuniary loss caused to the Government and as such under Rule 43B of the Bihar Pension Rules, respondents have no jurisdiction to initiate the proceeding and hold him guilty. In support of this submission, learned counsel for the petitioner has relied on a decision of this Court in the case of Asha Sinha vs. The State of Bihar, reported in 2005(1) PLJR 68 . In that case it has been held that unless the employee concerned is found guilty of misconduct and to have caused pecuniary loss to the Government, no order of punishment for withholding or withdrawing pension or any part of it permanently or for specified period or for recovery from pension under Rule 43B of the Bihar Pension Rules can be passed. 7. No body appears for the respondents and no counter affidavit has been filed in this case. As such, I am constrained to quash Annexures-4 and 5. 8. In the circumstances, orders of punishment, as contained in Annexures-4 and 5 are quashed. Since no charge of misappropriation has been made in the case, petitioner is given liberty to file representation before the respondents for refund of 50% pension which has been deducted from his pension pursuant to the punishment order and for payment of full salary for the period of suspension. Necessary orders on the representation of the petitioner shall be passed within a period of two months from the date of filing of representation by the petitioner. 9. With the aforesaid observations and directions, this writ application stands allowed.