IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1273 of 2017 ======================================================

Bhola Prasad Das @ Bhola Das, Son of Late Kari Das, Resident of Village-

Matahi, P.S.- Andharamath, District- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Madhubani.

2. The Sub Divisional Officer, Sadar, Madhubani.

3. The Establishment Deputy Collector, Sadar, Madhubani.

4. The Treasury Officer, Madhubani.

5. The Block Development Officer, Rajnagar, Madhubani.

6. The Accountant General, Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner : Ms. Namrata Mishra, Sr. Advocate Mr. Ratanakar Jha, Advocate For the State : Ms. Surekha Kumari, AC to GP-18 For the Accountant General : Mr. Ram Kinker Choubey, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

Date : 09-02-2026

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 order/s, direction/s preferably in the nature of CERTIORARI for quashing the Memo No. 2015 Madhubani dated 18-11-2016 passed by the District Magistrate, Madhubani whereby and where under the petitioner has been inflicted punishment of withholding 10% pension amount for whole life exercising powers u/s 43(B) and

139 (B) of Bihar Pension Rules, 1950. (ii) To direct the respondents to make the full pension to the petitioner who has been wrongly and illegally issued the order of withholding 10% pension amount as such the allegation leveled against the petitioner has not been substantiated in course of departmental proceeding initiated against the petitioners with regard to make advantage to the wrong beneficiaries under the social security pension by preparing fake forged list (iii) To direct the respondent to make the payment of arrears of pension as such he is being paid 90% pension along with other consequential benefit if not paid.

(iv) The petitioner seeks indulgence of this Hon’ble court to grant him any other relief/s to which he is entitled in the facts and circumstances of the case.”

3. The case of the petitioner in brief is that while posted and working as an Upper Division Clerk in the Office of the Block Development Officer, Rajnagar, the petitioner was served with a show-cause notice on 24.5.2013, to which he filed his reply.

4. The petitioner was made accused in a criminal case being Rajnagar P.S. Case no.106 of 2013, which was registered on 15.6.2013 under sections 420, 409, 467, 468 and 471 of the Indian Penal Code.

5. A memo of charge was served on the petitioner in Prapatra-ka on 31.7.2013, to which the petitioner submitted his reply.

6. An enquiry was conducted wherein enquiry report dated 28.6.2014 was submitted by the Conducting Officer finding the charge no.1 levelled against the petitioner to have been proved.

7. The petitioner having retired during pendency of the departmental proceeding on 30.6.2014, the proceedings were converted into one under Rule 43(b) of the Bihar Pension Rules, 1950.

8. A second show-cause notice was served on the petitioner to which he submitted his reply. The respondents came out with the order of punishment dated 18.11.2016 directing for permanent deduction of 10 percent of the pension of the petitioner.

9. It is against this order of punishment that the petitioner has preferred the instant writ application for the reliefs as stated herein above.

10. It is submitted by learned counsel appearing for the petitioner that it is the categorical case of the petitioner that even after conclusion of the enquiry, the petitioner was not served with a copy of the enquiry report. The said statement made in paragraph no.11 of the writ petition has not been denied by the respondents. Further, having taken the Court through the copy of the e