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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Rajendra Prasad Ram S/o Ram Dihal Ram – Appellant
Versus
State of Bihar – Respondent
ORDER :
1. Heard Mr. Abhash, learned counsel for the petitioner and learned counsel for the Respondent/State.
2. The present writ petition has been preferred for quashing the order as contained in Memo No. 816 dated 19.03.2024 passed by Joint Secretary whereby the petitioner has been imposed penalty of deduction of 10% monthly pension for three years under Rule 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as ‘the Rules 1950’).
3. Learned counsel for the petitioner submits that the petitioner superannuated from his service as Technical Advisor, Rural Works Department, Circle Bettiah on 31.01.2020. It is next submitted that after retirement 90% provisional pension and 90% provisional gratuity are said to have been sanctioned vide letter no. 3844 dated 21.08.2020 w.e.f. 01.02.2020, pursuant thereto, office of the Accountant General (A & E), Bihar vide PPO No.202011011158PO and GPO No. 202011011158 authorized the provisional pension and provisional gratuity.
4. Learned counsel for the petitioner submits that Officer On Special Duty, R.W.D vide letter no. 358 dated 08.06.2018 had issued show-cause to the petitioner, while the petitioner was in service for not following the
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
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.
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....
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