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1994 Supreme(Pat) 301

S.N.JHA, NARAYAN ROY
Ram Bahadur Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/S S. J. Mukhopadhyaya, K. K. Thakur & Amber Nath Banerjee
For the State : Mr. Jagannath Jha, Government Pleader No.1

JUDGMENT

S. N. Jha, J.

This writ petition has been filed challenging the validity of the order dated 4th May 1993 by which the amount of pension and gratuity of the petitioner has been reduced by 100 % under Rule 139 of the Bihar pension Rules (in short, 'the Pension Rules' or 'the Bihar Rules') and the order dated 11th May, 1993 by which a proceeding under Rule 55 of the Civil Services (Classification, Control & Appeal) Rules, 1930 has been initiated against him. During the pendency of the case a corrigendum order was issued on 29th June, 1993 to the effect that the aforesaid proceeding will be seemed to be under Rule 43(b) of the Pension Rules. During course of hearing of the case, Counsel for the State stated that the order dated 4th May 1993 will be withdrawn. Thus the validity of the proceeding under Rule 43(b) of the Pension Rules alone survives for consideration.

2. The petitioner retired as Chief Engineer in the Water Resources Department of the State Government on 30th November 1991. He was served with a notice dated 21st May 1992 to show cause as to why recovery of the amount of loss to the tune of Rs.24 lakhs which the State Government, has suffered on account of the purch






































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