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2018 Supreme(Pat) 1291

JYOTI SARAN
PRATIMA SINGH, WIFE OF PARMANAND PANDEY – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
Y.V. Giri, Adv., Vagisha Pragya Vacaknavi, Adv., Krishna Kant Singh, Adv.

JUDGMENT :

Jyoti Saran, J.

The petitioner prays for quashing of the notification bearing Memo No.3374 dated 28.7.2016 of the State Government in its Social Welfare Department, whereby and whereunder the petitioner has been punished with an order of recovery of Rs.50,49,542.50 to be made from her movable/immovable properties by invoking the provisions of the Bihar and Orissa Public Demands Recovery Act (hereinafter referred to as the "PDR Act"). A copy of the notification is impugned at Annexure P/1 to the writ petition.

2. The petitioner also questions the resolution bearing Memo No.368 dated 31.1.2013, whereby the proceedings were initiated against the petitioner 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, a copy of which is impugned at Annexure P/22 to the writ petition.

3. The petitioner has questioned the resolution bearing Memo No.4736 dated 23.9.2013 whereby the Enquiry Officer and the Presenting Officer were appointed, a copy of which is enclosed at Annexure 3 to the writ petition.

4. It is on the basis of an audit report submitted in resp




















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