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2008 Supreme(Pat) 930

NAVIN SINHA
Ramavtar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

Navin Sinha, J.

1. Heard the learned Counsels for the parties.

2. The Petitioner is aggrieved by the Orders dated, 27th February, 2006 and 25th January, 2007. The Orders visit him with the punishment of forfeiture of his entire pension.

3. The Petitioner was subjected to departmental proceedings. An enquiry report dated, 31st October, 2001 came to be submitted. Some of the charges were proved, others partially proved and some were not proved. A second Show Cause Notice and reply thereto led to an Order of dismissal from service on 26th July, 2002. On a challenge in CWJC No. 13816 of 2002 this Court on 14th October, 2003 held the punishment to be unsustainable in view of proper procedure having not been followed in a case of difference of opinion when the Petitioner was entitled to an opportunity to represent. Liberty was given to the Respondents to proceed afresh in the matter. The Petitioner superannuated on 29th February, 2004. The proceedings were then converted into one under Section 43(B) of the Bihar Pension Rules when a fresh second Show Cause Notice was issued to the Petitioner on 28th September, 2005 on proved charges. The Petitioner submitted his reply on 17th Oct

















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