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ANSHUMAN
Ajay Kumar Thakur, Son of Late Devendra Nath Thakur – Appellant
Versus
State of Bihar, through Principal Secretary, Finance Dept – Respondent
JUDGMENT :
(Anshuman, J.)
Re. Interlocutory Application No. 1of 2021.
Learned counsel for the petitioner submits that Interlocutory Application No. 1 of 2021 has been filed for a direction to the respondent for making payment of retiral dues as during pendency of the present writ petition, the petitioner was superannuated on 31.07.2021 and, therefore, the present Interlocutory Application has been filed to amend the prayer in the writ petition for grant of payment of post retiral dues including Group Insurance, Leave Encashment, Gratuity, Provident Fund and Regularization of Pension month to month.
2. Learned counsel for the State submits that a counter affidavit of Interlocutory Application No. 1 of 2021 has been filed in which the stand has been taken that the petitioner was dismissed from service vide letter No. 642, dated 17.02.2024 passed by the disciplinary authority (the District Magistrate, Patna) and his punishment was approved by the appellate authority also. Learned counsel for the State further submits that at present, the petitioner is not entitled to any relief of retiral dues. Till his dismissal shall not be set aside, he is not entitled to such prayer in the present wr
The appellate authority must provide a reasoned decision considering all arguments in disciplinary proceedings, ensuring adherence to procedural fairness.
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
The main legal point established is that an employee is entitled to pension and post-retiral benefits as per the initial order of compulsory retirement, and subsequent amendments denying such benefit....
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
The main legal point established is that the initiation of a departmental proceeding after an employee's superannuation, without issuing a memorandum of charge, is without jurisdiction and bias, rend....
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