ORAL JUDGMENT

Date: 29-01-2024 Heard Mr. D.N. Pathak, the learned counsel for the petitioner and Mr. Raghwanand, the learned GA-11 appearing on behalf of the State.

2. The present writ petition has been filed for quashing the Notification contained in Memo No. 4552 (S) dated 26.04.2012 issued by the respondent no. 3, whereby reduction of 5% of pension for five years has been awarded in the departmental proceeding initiated under Rule 43 (b) of Bihar Pension Rules vide departmental resolution contained in Memo No. 6727 (S) dated

23.06.2009.

3. Learned counsel for the petitioner submits that the petitioner retired from service on 30.11.2008 from the post of Superintending Engineer, NH Circle, Road Construction Department, Patna. After seven months from retirement, the respondent no. 3 issued a resolution contained in Memo No. 6727 (S) dated 23.06.2009 and departmental proceeding was initiated under Rule 43 (b) of Bihar Pension Rules, whereby Chief Engineer, South Bihar Road Construction Department was appointed as Enquiry Officer in the said departmental proceeding.

4. From bare perusal of the Memo of charge dated 17.06.2009 that all charges are baseless and non-application of mind, sinc