ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 10-02-2023 In the instant Letters Patent Appeal, the appellant has assailed the order of the learned single Judge dated

18.10.2019 passed in C.W.J.C. No. 17311 of 2019.

2. The appellant while working as a Panchayat Secretary under Bihta Block, he has attained age of superannuation and retired from service on 29.02.2016. While he was in service, he is alleged to have withdrawn a sum of Rs. 31,66,800/- from the Panchayat funds. Funds were earmarked for completion of various schemes under five Panchayats. He had not given proper accounts that he had utilized the aforementioned amount towards implementation of a various Panchayats scheme. On this allegation, he was subjected to disciplinary proceedings and it was concluded in imposition of penalty of withholding of 25% of his entitlement of pension and further ordered for recovery of the misappropriated fund through a certificate proceedings on 26.02.2019, passed by the District Magistrate, Patna, invoking Rule 43(b) of the Bihar Pension Rules, 1950.

3. Feeling aggrieved and dissatisfied with the penalty order, the appellant invoked remedy before this Court in filing C.W.J.C