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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Mushafir Singh, Son of Late Sidan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(HARISH KUMAR, J.)
Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is aggrieved with the order as contained Memo No. 820 dated 04.04.2014 passed by the District Magistrate-cum-Collectorate, Nalanda, whereby the petitioner has been inflicted with the punishment of withholding of permanent pension till his life.
3. Short facts as culled out from the materials available on record are that, the petitioner was initially appointed as an Amin on 20.10.1973. While he was working as a Revenue Karamchari under Harnaut Circle, Nalanda, he was apprehended by a trap team of the Vigilance Department on 08.03.2007 on the charge of accepting bribe of Rs.1300/-. The petitioner was taken to judicial custody and subsequently he was placed under suspension vide Letter no. 915 dated 04.04.2007. Consequently upon approval of the District Magistrate, the petitioner was served with a memo of charge as contained in Letter no. 1044 dated 30.08.2007; the Sub Divisional Officer, Bihar Sharif, was appointed as Conducting Officer whereas the Circle Officer, Harnaut as the Presenting Officer.
4. On being released from the custody, suspension of the petitioner w
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
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.
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
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