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2012 Supreme(Pat) 202

NAVIN SINHA
Lall Babu Lall S/O Late B. Lall R/O Mohalla- Ranighat, P. S. - Sultanganj, Town & District- Patna, Bihar – Appellant
Versus
State Of Bihar Through Chief Secretary Government Of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sanjeev Kumar.
For the Respondents: Mr. G.K. Agrawal.

ORAL ORDER

NAVIN SINHA, J.

Heard learned counsel for the petitioner and the State.

2. The petitioner is aggrieved by the order dated 14.12.2010 imposing punishment for stoppage of 2% of his pension from the date of the order in exercise of powers under Rule-139(b) of the Bihar Pension Rules (hereinafter referred to as the Pension Rules).

3. The petitioner came to this Court earlier in C.W.J.C. No.9109/92 seeking promotion to the post of Joint Director, Industries. The writ application was disposed on 19.8.1993 to consider him for promotion on ad hoc basis subject to the result of the vigilance enquiry pending before the Vigilance. He superannuated on 1.12.1993 from the post of Deputy Director, Industries. C.W.J.C. No.4481/94 was again filed aggrieved by denial of promotion.

4. Disposing the application on 6.4.2010 it was noticed that the petitioner asserted that there were no departmental proceedings pending against him. The enquiry pending before the Vigilance never culminated in the institution of any prosecution under the criminal law or framing of charge in a departmental proceeding.

5. A show cause notice was issued to the petitioner on 5.10.1996 under Rule-139(b) of the Pension








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