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AJIT KUMAR
Shiv Shankar Chaudhary – Appellant
Versus
State of Bihar – Respondent
Ajit Kumar, J.—Heard Mr. Binod Kumar, learned counsel for the petitioner and Ms. Namrata Singh, learned AC to GA-12 for the State.
2. The present writ petition has been filed for following relief(s):—
“(i) For quashing of Order dated 04-05-2020 contained in Memo No. 421 issued under the signature of respondent Director Primary Education, Patna, Bihar by which entire amount of pension of the petitioner was forfeited under the proceeding of Rule 43(A) of Bihar Pension Rules, 1950.
(ii) For direction of respondents for payment of pension amount of the petitioner with arrears.
(iii) For any relief(s) for which the petitioner is found entitled in the facts and circumstances of the present case”.
3. The facts of the case, in brief, is that the petitioner was member of Bihar Subordinate Education Service and was posted as Block Education Officer, Dhanarua, District- Patna and while he was posted in the aforesaid Block, a complaint was filed against him for the allegation of demand of Rs. 5000/- as bribe for releasing salary of one Nand Kumar, Teacher of Middle School, Panditganj, District-Patna. Pursuant to the aforesaid complaint the Vigilance Team trapped the petitioner for demand of Rs. 500
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 absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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.
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