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MIHIR KUMAR JHA
Mahendra Prasad Sharma – Appellant
Versus
State Of Bihar – Respondent
Heard counsel for the parties.
2. In this writ application the petitioner a retired Government servant has assailed his order of punishment dated 18.03.2003 withholding 25 per cent of his pension for a period of ten years on the ground of certain alleged misconduct committed by him during his active service period.
3. Learned counsel for the petitioner while assailing the impugned order of punishment has submitted that the same has been passed not only on the mere ipse dixit of the higher Authorities but also by choosing to discriminate the petitioner between the same set of persons who were facing identical allegation. In this regard, he has explained that the petitioner was a Section Officer and therefore, the allegation against him that he alone had been responsible for issuance of a transfer order of 46 Medical Officers in disobedience/defiance of the order of the Chief Minister, who had only approved transfer of only one out of 46 Medical Officers was wholly incorrect, inasmuch as, such order of chain transfer of 46 medical officers was issued after approval of all the concerned Authorities up to the level of departmental Secretary. He has also submitted that when no othe
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