ORAL JUDGMENT

Date : 03-12-2025

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs :-

“(i) To issue an appropriate writ, preferably in the nature of certiorari for setting aside the order no. 115/20-21 contained in memo no. 374 dated 05.03.2021 issued under the signature of District Magistrate-cum- Collector, Rohtas, Sasaram by which punishment withholding full pension and gratuity has been inflicted against the petitioner under Rule 43 (b)

of the Bihar Pension Rules .

(ii) To hold and declare that the proceeding initiated against the petitioner vide order dated 05.03.2021 for the alleged misconduct dated 05.05.2009 is barred by law in view of proviso (i) and (ii) to Rule 43 (b) of the Bihar Pension Rules , 1950.

(iii) To issue an appropriate writ preferably in the nature of mandamus commanding upon the respondent authorities to pay full pension and Gratuity to the petitioner with suitable interest with effect from 01.05.2013 and (iv) To grant any other relief (s), for which the petitioner may be found entitled to in the facts and circumstances of the case.”

3. The relevant