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2018 Supreme(Pat) 839

JYOTI SARAN
MITHILESH KUMAR – Appellant
Versus
STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA – Respondent


Advocates Appeared:
Ramakant Sharma, Rakesh Kumar Sharma, Rakesh Ranjan, K.P. Gupta, Advs.

JUDGMENT :

Jyoti Saran, J.

The petitioner in this writ petition prays for quashing of the order passed by the State Government in its Registration, Excise and Prohibition Department bearing Notification No. 2166 dated 13.5.2015, whereby in exercise of powers vested under Rule 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as "the Pension Rules") an order is issued for deduction of 20% from the pension admissible to the petitioner. A copy of the order is impugned at Annexure 1 to the writ petition. The petitioner is also aggrieved by rejection of his review application as communicated through Memo No. 4457 dated 5.10.2015 of the Special Secretary, Department of Registration, Excise and Prohibition, impugned at Annexure 2 to the writ petition.

2. The facts of the present case lie in a very narrow compass.

3. The petitioner held a post of District Sub-Registrar and was proceeded against by drawing a disciplinary proceeding under the provisions of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as "the Disciplinary Rules") by service of a charge memo vide resolution bearing No. 2328 dated 9.5.2012, impugned at Annexure
































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