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1979 Supreme(Pat) 119

U.C.SHARMA, S.P.SINHA
Singheshwari Sahay – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/s Prabha Shankar Mishra, Kapildeo Singh & Kumar Brajendra Nath.
For the respondents: M/s Naseem Ahmad (S.C. II) and Shardanand Jha (J. C. to S.C. II).

By Court :

The petitioner seeks the quashing of Annexure 6 in so far as it wit holds the payment of his full pension until a report from the Central Bureau of Investigation in a certain matter, which is not clear from the order contained in annexure, is received.

2. The facts are in brief : The petitioner started his career as an Inspector of Industries in the year 1950 and when he had reached the post of Development Officer, he was put under suspension on certain charges. Before any decision could be taken in the departmental proceeding started against him, his due date of superannuation was reached. Such date was the 19th January, 1977 which will mean that the petitioner retired in the fore noon of the 31st January, 1977 about a year and a half thereafter, i.e. on the 25th July, 1978 the petitioner was served with the orders contained in annexure 6'. The orders were that since the petitioner would be deemed to have retired with effect from 1st of February. 1977 his suspension order was being withdrawn. The next part of the order, however, was that be would be paid his full pension and also the other emoluments, for the period of his suspension, only after the Central Bureau of Inv








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