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HARISH KUMAR
Shameem Shohreay Afaque – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and Mr. Ravi Kumar, learned counsel for the State.
2. The petitioner is aggrieved with the order dated 11.08.2021 as contained in Memo No. 589(9)/Swa. Patna dated 13.08.2021, whereby he has been inflicted with the punishment of stoppage of 100% pension permanently and withholding of 10% Gratuity.
3. The short facts which led to the filing of the present writ petition are that the petitioner was initially appointed as Medical Officer and was posted at Beldaur Primary Health Centre, Munger, where he submitted his joining on 16.07.1981. While the petitioner was posted at Palasi Additional Primary Sub-Centre Araria, all of a sudden on 01.04.2023, he had to proceed on leave on account of serious condition of his wife and thus he sent his leave application. The ailment of petitioner’s wife continued for a pretty long time and when she recovered from her ailment, the petitioner submitted his joining at his Headquarter (Secretariat) on 14.12.2010; and kept on waiting for posting.
4. Learned counsel for the petitioner contended that after submission of his joining in the Headquarter (Secretariat), time without nu
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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