IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7515 of 1996
ARJUN ROHTAGI SON OF LATE KEDAR NATH
ROHGTAGI, RETIRED ACTING CHIEF ENGINEER, ROAD
CONSTRUCTION DEPARTMENT, NIRMAN BHAWAN,
PATNA RESIDENT OF CC/38, PEOPLES CO-OPERATIVE
COLONY, KANKARBAGH, P.S. KANKARBAGH
DISTRICT PATNA.
Versus
1. STATE OF BIHAR ROAD CONSTRUCTION
DEPARTMENT, PATNA.
2. THE SECRETARY, ROAD CONSTRUCTION
DEPARTMENT, GOVT. OF BIHAR, PATNA.
3. THE JOINT SECRETARY, ROAD CONSRTRUCTION
DEPARTMENT, GOVT. OF BIHAR, PATNA.
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For the Petitioner :- M/S. Ashok Kumar Choudhary, Sr.
Advocate & Mr. Manoj Madhav
For the State :- Mr. Pritish Kumar Lal, A.C. to S.C.XI
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4 13/07/2010 This is the third visit of the petitioner to the High
Court. Earlier orders of punishment have come to be
interfered with by the High Court for certain legal infirmities
found therein and twice over the matter was remanded back
for the respondents to pass an appropriate order in accordance
with law. Every time, it is the case of the petitioner, that
similar infirmity was committed by them. He has made
strenuous submissions on the order of punishment contained
in annexure-1 dated 11.4.1996 but those submissions have
lost their meaning in view of the significant development.
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Admitted position is that the petitioner superannuated from
service on 30.9.1990. Order of punishment, as already stated
above, is dated 11.4.1996. Two of those orders of
punishment had no meaning. First punishment order is that
the petitioner would not be entitled to promotion for two
years from 17.08.1990. Since the petitioner retired within a
month and a half, obviously no promotion was expected
within that period to be granted to him. The order of
withholding of increment with effect from 17.08.1990 would
also have lost meaning because of the time frame within
which he had retired. Issue, therefore, is whether the third
punishment of deduction of Rs.10,000/- in ten instalments
from his pension could be passed after almost five and a half
year of his retirement because deduction from pension or
withholding of pension, in any manner, requires a proceeding
to be carried out under the Bihar Pension Rules. There are
two provisions which entitle the State to impose punishment
or withholding of pension as the case may be. Rules are Rule
43(b) and Rule 139 of the Bihar Pension Rules.
Submission of the learned counsel is that neither of
the ingredients nor the time frame fixed therein allows the
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respondents to pass an order of recovery of Rs.10,000/- in ten
instalments from the pension of the petitioner. Time frame
fixed under rule 43(b) of the Rules is four years from the date
of the event and the charge of illegal appointment for which
the so called punishment has been imposed relates to many
years ago and not within four years.
So far as proceeding under Rule 139 of the Bihar
Pension Rules is concerned, that must be initiated within
three years from the date of sanction of pension. There is
nothing to indicate that the order of punishment of recovery
has been passed pursuant to any proceeding under Rule 139
of the Rules. In fact, this part of punishment has been
appended as part of other punishments which have been
imposed upon the petitioner in terms of the order contained in
Annexure-1.
There is nothing to indicate by the learned counsel
for the State that the third punishment was passed on a
proceeding under the Bihar Pension Rules. If the procedure
has not been followed, then the third punishment cannot be
imposed in a mechanical manner.
On this aspect the petitioner succeeds. Punishment
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of deduction of Rs.10,000/- in ten instalments from the
pension of the petitioner is quashed. Rest of the punishment
order, in view of the opinion of the Court expressed in the
earlier part of the order, need not to be interfered with.
This writ application is allowed in part.
Respondents would be well advised to refund the amount so
deducted from the pension of the petitioner to him preferably
within one month from the date of communication or
production of a copy of this order. There will be no order as
to costs.
AMIN (Ajay Kumar Tripathi, J.)