ORAL JUDGMENT

Date : 01-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner in the present case is questioning office order vide Memo No. 27/Charge-01-99/2019/7286/Patna dated 17.05.2022 (Annexure ‘4’ to the writ application) issued under signature of the Special Executive Officer, General Administration Department, Government of Bihar whereby and whereunder an exercise of power under Rule 43(b) and Rule 139(b) and (c) of the Bihar Pension Rules, 1950 (hereinafter referred to as the ‘Pension Rules’), the Disciplinary Authority has been pleased to withhold

20% of the Pension amount of the petitioner for next 5 years.

Brief Facts of the Case

3. The petitioner was posted on the post of Additional Collector, Katihar. He was subjected to a prosecution giving rise to Nagar Sahayak Katihar P.S. Case No. 318 of 2018 registered under Section 377 of the Indian Penal Code. Later on, vide Resolution contained in Memo No. 9899 dated 25.07.2018, the petitioner was suspended from service.

4. It is stated that vide Letter No. 2814 dated 11.09.2018 issued by the District Magistrate, Katihar, charges were framed in izi= ‘d’ upon which a disciplinary proc