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2017 Supreme(Pat) 792

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Rajendra Pratap Singh Son of Late Bhawani Seva Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Department of General Administration – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nand Kishore Singh
For the Respondent: Mr. Piyush Lall

JUDGMENT :

Rajendra Menon, J.

Challenging an order dated 30th of September, 2014 issued by the Registrar General, Patna High Court, imposing punishment of withholding of 20% of pension payable to the petitioner permanently under Rule 43(B) of the Bihar Pension Rules, 1950, this petition has been filed by the petitioner, a retired Additional District and Sessions Judge, who was posted in Gaya at the relevant point of time.

2. Facts, in brief, indicate that while the petitioner was working as an officer in the Bihar Judicial Service and was posted at Gaya from where he superannuated on 30th of May, 2014, it was found that in a case registered by Kotwali Police Station, Gaya being P.S. Case No.40 of 2008 for offences under Sections- 302, 341 and 34 of the Indian Penal Code, read with Section 27 of the Indian Arms Act, petitioner granted bail to an accused Manoj @ Bulbul while sitting as a vacation judge on 16.10.2012.

3. Based on the complaint of the said act, a charge-sheet was issued to the petitioner under the Discipline And Appeal Rules after preliminary enquiry into the matter and in the charge-sheet was issued to the petitioner on 28.2.2014, based on the resolution of the Standing C


































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