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2001 Supreme(Pat) 397

R.M.PRASAD
Besh Lal Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

R.M.Prasad, J.

1. The petitioner, a retired A.D.M. Government of Bihar, has prayed for quashing of the inquiry report dated 15-11-1995 (Annexure 3) and also the consequential order, contained in letter No. 2/C 3-30185/92 P. dated 8th July, 1999 (Annexure 12), purported to have been issued in exercise of the power under Rule 139 (b), of the Bihar Pension Rules (hereinafter referred to as the Rules) deducting a sum of Rs. 1, 71, 296.75 from his retirement benefits to make good the alleged loss of Government revenue as also to fix his pension after deducting 10% for the alleged unsatisfactory service solely based on the report of the Commissioner, Departmental Inquiry, Bihar, Patna and, further, has sought for a mandamus directing the respondents to pay all post-retirement benefits, including full pension, full salary for the suspension period with effect from 26-10-1992 to 7-5-1993 and also to grant him promotion to the post of Joint Secretary, which was kept in sealed cover on account of pendency of the departmental inquiry, with full salary.

2. In short, the relevant facts are that the petitioner was posted as District Transport Officer, Purnea from 21-4-1986 to 6-3-1990. I












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