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2022 Supreme(Pat) 1136

HARISH KUMAR
Bharat Purbey, Son of Late Jaibeer Purbey – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Ramakant Sharma, Mr. Rajesh Kumar, Advocate.
For the Respondent: Mr. Vivek Prasad, (GP 7)

JUDGMENT :

Heard Mr. Ramakant Sharma, learned Sr. counsel, duly assisted by Mr. Rajesh Kumar learned counsel for the petitioner and Mr. Vivek Prasad, learned Government Pleader No.7, for the State.

2. By filing the present writ application, the petitioner is seeking quashing of the order, contained in Notification No.1919 dated 03.09.2019, issued under the signature of respondent Additional Secretary to the Government, Water Resources Department, Government of Bihar, Patna, whereby the petitioner was awarded with a punishment of stoppage of total pension under Rule 43(b) of Bihar Pension Rules, 1950. The petitioner further sought quashing of the order contained in Notification No. 179 dated 06.02.2020, issued under the signature of respondent Additional Secretary to the Government, Water Resources Department, Government of Bihar, Patna, whereby revision petition filed by the petitioner has been rejected and the punishment awarded was upheld.

3. Shorn of unnecessary details, the undisputed facts which are relevant for consideration of the issues are the petitioner was appointed on the post of Assistant Engineer in Water Resources Department on 31.01.1979 and after serving more than 36

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