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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Shiv Nandan Singh S/o Jhingo Singh – Appellant
Versus
State of Bihar through its Secretary, Scheduled Caste and Scheduled Tribe Welfare Department – Respondent
| Table of Content |
|---|
| 1. petitioner's retirement and charges timeline. (Para 2 , 3) |
| 2. arguments against the validity of allegations. (Para 4 , 5) |
| 3. court's analysis on jurisdiction of proceedings. (Para 6 , 7) |
| 4. conclusion ordering pension and benefits reinstatement. (Para 8 , 9) |
ORDER :
AJIT KUMAR, J
1. Heard learned counsel for the parties.
2. The writ petition has been filed for the following relief:-
“1. That the Petitioner seeks to invoke the extraordinary writ jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India for the following relief(s):-
A. For issuance of an appropriate writ(s)/Rule(s)/direction(s) in the nature of Certiorari for quashing the punishment order of the Disciplinary Authority issued by the Respondent No. 4, Deputy Secretary, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar vide order dated 25.05.2024 bearing Memo No. 2022-2493 dated 31.05.2024 whereby and whereunder Petitioner has been punished with 10 per cent pension deduction for the entire lifetime as under Rule 43(B) of the BIHAR PENSION RULES without any application of mind and without proving the misconduct of the petitioner.
B. For issuance of an appropria
Disciplinary actions for misconduct against a retired government employee must be initiated within four years as per Rule 43(b) of the Bihar Pension Rules; otherwise, such proceedings are invalid.
Disciplinary action under Rule 43(b) of the Bihar Pension Rules requires proof of grave misconduct or financial loss to the government; failure to provide substantiated reasoning in orders renders th....
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
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