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2022 Supreme(Pat) 1207

HARISH KUMAR
Ajay Pratap, Son of Late Ramashish Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Appellant :Mr. Gyanendra Kumar Shukla, Advocate
For the Respondent: Mr. Kamlesh Kishore, AC to SC-12

JUDGMENT :

Heard Mr. Gyanendra Kumar Shukla, learned counsel for the petitioner and Mr. Kamlesh Kishore, learned AC to SC-12, for the State.

2. By filing the present writ application, the petitioner seeks quashing of the letter, as contained in Memo no. 557 (3) dated 20.09.2016 whereby and whereunder 20% pensionery amount of the petitioner has been deducted by the respondent authority. The aforesaid order was, in fact, a communication order to the Accountant General, Bihar, hence, later on, the petitioner by filing an interlocutory application, bearing I.A. No. 1 of 2019 assailed the order of punishment, as contained in Memo no. 792(9) dated 10.08.2016, which order has been communicated to the petitioner. The aforesaid interlocutory application stood allowed vide order dated 04.09.2019.

3. The short facts, which led to the filing of the present application is that the petitioner was initially appointed as Assistant Civil Surgeon, RMCH, Ranchi on 26.12.1973 and after working more than 39 years he superannuated from the post of Civil Surgeon, Jehanabad on 31.01.2010.

4. It is submitted that during the service period, he rendered efficient service and due to which he was rewarded by the D

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