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2017 Supreme(Pat) 1030

RAKESH KUMAR
LAL BAHADUR SINGH – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rupak Kumar, Advocate.
For the Respondent: Miss Divya Verma, AC to A.A.G. 3.

ORDER :

Rakesh Kumar, J.

1. The petitioner has approached this Court invoking its writ jurisdiction under Article 226 of the Constitution of India, with a prayer to issue a writ of certiorari for quashing Office Order dated 06-04-2010, contained in Memo No. 1320 dated 06-04-2010, issued under the signature of Engineer-in-Chief, Road Construction Department, Bihar, Patna (Annexure - 1 to the writ petition). By the said order, the disciplinary authority directed to withheld 50% pension of the petitioner.

2. Short fact of the case is that the petitioner was proceeded departmentally on an allegation that while functioning as Junior Engineer in Road Construction Department, Govt. of Bihar in between 1993 and 1996, he had committed certain misconduct. The proceeding was initiated, vide office order contained in Memo No. 7948 dated 22-10-2005 (Annexure - 2 to the writ petition), which was enclosed with the memo of charge. The petitioner was proceeded regarding four charges. In the departmental proceeding, petitioner participated and submitted his show cause reply. The conducting officer, after conducting detailed departmental enquiry, did not find any material to prove any of the charges aga




































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