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2019 Supreme(Pat) 2258

ASHUTOSH KUMAR
Jhakari Ram – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Chitranjan Sinha, Sr. Adv., Akhilesh Dutt Verma.
For the B.P.S.C. : Mr. Zakir Haider.
For the State : Mr. Gopal Krishna.
For the Accountant : Mr. Anjani Kumar
General Sharma.
For the Mines : Mr. Naresh Dixit, B.B. Tiwary.

Ashutosh Kumar, J. – Heard the learned counsel for the petitioner and the State.

2. The petitioner has challenged the order contained in Memo No. 2606 dated 04.10.2016 issued under the signature of Under Secretary to the Government, Department of Mines and Geology, Bihar, Patna whereby, after finding the petitioner to be guilty of the charges raised against him, he has been inflicted with a punishment of seizure of 100% pension on a permanent basis under the provisions of Rule 43 A read with 43B of the Bihar Pension Rules, 1950.

3. It appears that on the involvement of the petitioner in Economic Offence Case No. 1 of 2014 for having amassed property disproportionate to his known sources of income, the petitioner was put under suspension and a departmental proceeding was initiated against him. During the pendency of the disciplinary proceeding and during the period of suspension, the petitioner superannuated on 30.04.2014.

4. Prior to his superannuation, it is the case of the petitioner that he demanded some relevant documents from the presenting officer which were not made available to him. With the superannuation of the petitioner, the proceedings were converted into one under rule 4

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