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VIKASH JAIN
Vijay Kishore Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.
2. The following reliefs as formulated by the petitioner have been claimed in the writ petition-
"(i) To issue a writ in the nature of Certiorari to quash the Notification contained in Memo No. 35 dated 13.01.2017 issued under the signature of the Deputy Secretary, Water Resources Department, Government of Bihar, Patna, respondent no. 4 whereby and whereunder 10% pension directed to be deducted for one year from the pension of the petitioner illegally and arbitrarily.
(ii) To issue a writ in the nature of Certiorari to quash the Notification contained in Memo No. 1771 dated 19.08.2016 issued under the signature of the Deputy Secretary, Water Resources Department, Government of Bihar, Patna, respondent no. 4 whereby and whereunder 10 % pension directed to be deducted for one year from the pension of the petitioner illegally and arbitrarily.
(iii) To issue a writ in the nature of Mandamus commanding the respondents to pay the full pension to the petitioner along with interest @ 9% per annum.
(iv) To issue writ or writs, direction or directions, order or orders for which
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
A disciplinary authority must provide clear reasons for differing from an inquiry officer's findings; failure to do so can render the disciplinary action invalid.
Adherence to principles of natural justice and the correct application of pension rules are crucial in disciplinary proceedings against government employees.
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
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