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2024 Supreme(Pat) 258

PARTHA SARTHY
Naresh Mohan Jha S/o Late Jaideo Jha – Appellant
Versus
State off Bihar through the Principal Secretary, Deptt. of Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arvind Kumar Sharma, Advocate
For the Respondent: Mr. Santosh Kumar Jha, GP-3

JUDGMENT :

Partha Sarthy, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s) :-

    “1. That the present writ application is being filed for issuance of appropriate writ or writs, in the nature of the writ of (i) Certiorari quashing the order contained in Memo No. 408 dated 13.02.2015 (Annexure-8) issued by the Director, Secondary Education, respondent no. 4, whereby and whereunder the respondent no. 4 on culminations of a departmental proceeding initiated against the petitioner has awarded the punishment of deduction of 5% of the amount on permanent basis from the pension payable to the petitioner and the entire departmental proceeding initiated against the petitioner through Annexure-1 (ii) Mandamus directing/ commanding and restraining the respondents from making such deduction from the amount of pension payable to the petitioner and stay of the operation of the impugned order contained in Annexure-8 pending disposal of the writ petition.”

3. The case of the petitioner in brief is that the petitioner who superannuated from service on 30.9.2007 while working as Headmaster,

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