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2020 Supreme(Pat) 498

PRABHAT KUMAR SINGH
Krishna Kumar Singh Son of late Shyam Sundar Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Prashant Sinha, Advocate
For the Respondents: Mr.Kumar Alok

JUDGMENT :

Heard Mr. Prashant Sinha, learned counsel for the petitioner as well as Mr. Kumar Alok, learned Standing Counsel-7 for the State.

2. Petitioner is aggrieved by the order dated 20.3.2019 (annexure E to the supplementary counter affidavit filed on behalf of respondent no. 3 to 6) by which show cause has been issued to the petitioner under Rule 139 of the Bihar Pension Rules, 1950 with a proposal to withholding 10% pension for further five years. Petitioner is also aggrieved by order dated 2.6.2020, issued by the Additional Secretary, Rural Works Department, Government of Bihar, Patna by which he has been awarded with punishment for withholding of 10% of his pension for a further period of five years in exercise of power under Rule 139 of the Bihar Pension Rules.

3. Short facts giving rise to the writ petition is that the petitioner was initially appointed as Assistant Engineer under the Road Construction Department, Government of Bihar, Patna on 28.9.1981 and superannuated from the Rural Works Department, Government of Bihar, Patna with effect from 31.5.2016. While in service, he was departmentally proceeded by the Road Construction Department against the charge of committing

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