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2021 Supreme(Pat) 963

PRABHAT KUMAR JHA
Chandra Shekhar Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. S.B.K. Mangalam.
For the Respondent: Mr. Sheo Shankar Prasad, SC, Mr. Binod Kumar Labh.

JUDGMENT :

1. Heard Mr. S.B.K. Mangalam, the learned counsel for the petitioner, Mr. Sheo Shankar Prasad, the learned S.C.8, and Mr. Binod Kumar Labh, the learned counsel appearing on behalf of the Accountant General.

2. The petitioner has moved this Court for the following reliefs:-

    (i) For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 29.04.2013 as contained in Memo No.6836, issued under the signature of Deputy Secretary, General Administration Department, Government of Bihar, Patna whereby and where under the respondent no.5 was pleased to communicate that in view of two other charges pending against him, the decision would be taken later on for payment of gratuity and unutilized leave.

(ii) For issuance of an appropriate writ in the nature of certiorari for quashing the resolution as contained in Memo No.12081, dated 22.07.2013 whereby the respondent authorities were pleased to withhold 10% pension of the petitioner for his unsatisfactory service under Rule 139 of the Pension Rules but without holding any departmental proceeding in terms of Rule 43(b) of the Bihar Pension Rules.

(iii) For issuance of an appropriate writ in the nature of ma

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