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2002 Supreme(Pat) 1017

CHANDRAMAULI KR.PRASAD
Ashok Kumar Mishra – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application has been filed for quashing the Resolution dated 24th March, 1999 whereby a proceeding has been initiated against the petitioner under Rule 43(b) of the Bihar Pension Rules.

2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner worked in the Building Construction Department of the State Government till 24th of September, 1994 and thereafter transferred to another department. By order dated 24.5.1997 (Annexure-1) he was put under suspension under Rule 49A of the Civil Services (Classification, Control and Appeal) Rules in contemplation of a departmental enquiry. Ultimately, the petitioner retired from service on attaining the age of superannuation on 31.5.98. After his retirement, by the impugned resolution dated 24.3.99 (Annexure-2) a proceeding has been initiated under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as the Rules) on the purported ground that while the petitioner was posted in the Building Construction Department of the State Government, in the financial year 1994-95 in collusion with the suppliers, he fabricated various documents and manipulated the account. It is the stand o



















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