ORAL JUDGMENT

Date : 01-12-2025

1. Heard Mr. Tej Bahadur Singh, learned Senior counsel assisted by Mr. Bhaskar Shankar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned GP-26 for the respondents.

2. The petitioner has filed the instant application praying for setting aside the order contained in Memo no.9126 dated 21.11.2022 issued under the signature of the Deputy Secretary, Transport Department, Bihar, Patna whereby punishment of full deduction of pension has been passed under Rule 43(b) of the Bihar Pension Rules, 1950 (herein after referred to as ‘the Rules’).

3. The case of the petitioner in brief is that the petitioner was issued with a show-cause notice dated 28.3.2018 to which he filed his reply on 8.4.2018. Not finding the reply filed by the petitioner to be satisfactory, a departmental proceeding was initiated on 7.8.2018 appointing the Conducting Officer and the Presenting Officer in the case. As in the meantime the petitioner retired from service on 31.1.2019, the proceedings were converted into one under Rule 43(b) of the Rules.

4. The Conducting Officer–cum–Joint Commissioner –cum–Secretary, Regional Transport Authority, Purnea submitted his enquiry