JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. Aggrieved by a resolution of the Public Health Engineering Department, Government of Bihar issued vide Memo No. 853 dated 12.10.2017 whereby, in exercise of power under Rule 43(b) of Bihar Pension Rules, 1950 punishment of withholding of 25% pension has been imposed on the petitioner, the petitioner has approached this Court by filing present writ application under Article 226 of the Constitution. Short facts relevant for adjudication of the present case, as culled out from the pleadings, on record are that the petitioner at the relevant point of time was posted as the Executive Engineer, Public Health Engineer Division, Muzaffarpur. In the meeting of a Tender Committee held on 08.04.2010 at the departmental headquarter under the Chairmanship of Departmental Principal Secretary, it emerged that the petitioner had recommended for irregular payment of Rs. 2,20,54,120/- on a claim made by the contractor Ms. Jusco Ltd., Jamshedpur by way of price neutralization without any examination and proof. The Tender Committee, on careful consideration of the claim of the Firm, recommended pay