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ANJANI KUMAR SHARAN
Basudeo Prasad Sah @ Vasudeo Prasad Sah – Appellant
Versus
State of Bihar – Respondent
Anjani Kumar Sharan, J.—Heard learned counsels for the parties.
2. The present writ application has been filed on behalf of the petitioner for the following reliefs:—
(i) For quashing of the order contained in memo no.2315 dated 25.08.2015, issued under the signature of the District Programme Officer (Establishment), Education Department, Bhagalpur, whereby the pension of the petitioner has been forfeited under the provisions of Rule 43(a) of the Bihar Pension Rules.
(ii) For directing the respondent to produce a copy of enquiry report contained in letter no.157 dated 17.11.2012 and further be pleased to quash the same as the same is perverse and based upon no evidence.
(iii) For directing the respondents to sanction full pension and gratuity to the petitioner apart from other consequential retirement benefits payable to him.
(iv) For any other writ, order or direction which may deem fit and proper in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits the case at length is that petitioner was working as Headmaster of the Middle School Ratanganj-cum-Drawing and Disbursing Officer, he was arrested by the Vigilance Investigation Bureau while accepting bri
The absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
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.
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
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