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2024 Supreme(Online)(Pat) 2138

PATNA HIGH COURT
Uday Kant Jha – Appellant
Versus
The State Of Bihar and Ors – Respondent


ORAL JUDGMENT

Date : 12-02-2024 Heard Mr. Tara Nath Jha, learned counsel for the petitioner, Mr. Ram Kinker Choubey, learned counsel for the Accountant General and Mr. Anil Kumar Verma, learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for quashing the order issued vide memo no. 344 dated 28.01.2014 issued under the signature of the respondent no.2 by which the 100% pension of the petitioner and the gratuity of the petitioner was ordered not to pay and also for quashing the entire departmental proceeding which was initiated against the petitioner.

3. Learned counsel for the petitioner submits that when the petitioner was in the service, he was put under suspension vide office order memo no. 4287 dated 28.12.2006 on the ground that the petitioner was in judicial custody with respect to some charges when he was in service. Learned counsel for the petitioner further submits that when the petitioner released from the judicial custody, he joined serviced on 09.02.2008. Thereafter, the petitioner has retired from service w.e.f. 31.01.2010 and he has made a representation before the authority concerned on 03.12.2010 stating therein that he has no

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