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2021 Supreme(Pat) 1178

MOHIT KUMAR SHAH
Md. Salauddin – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr.Kumar Kaushik.
For the Respondent: Mr. Anuradha Singh.

Mohit Kumar Shah, J.—The present writ petition was initially filed for quashing the order dated 01.06.2018, whereby and whereunder the pending departmental inquiry against the petitioner had been converted into a proceeding under Rule 43(b) of the Bihar Pension Rules, 1950, pursuant to the petitioner's superannuation and for payment of the retiral dues including arrears of pension to the petitioner. However, during the interregnum period, i.e. during the pendency of the present case, the final order of punishment dated 03.08.2019 has been passed, whereby and whereunder the petitioner has been inflicted with the punishment of reduction of 10% pension for a period of 03 years. In such view of the matter, the petitioner had filed an interlocutory application bearing I.A. no. 03 of 2020 for amendment of the writ petition, which was allowed by this Court by an order dated 12.06.2020. It is needless to state here that the retiral dues including the arrears of pension, as admissible to the petitioner, has already stood paid during the pendency of the present petition.

2. The brief facts of the case are that a show cause notice dated 17.10.2016 was issued to the petitioner when he was poste

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