IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.518 of 2010
1. SHANKAR PRASAD PODDAR S/O LATE GOPAL PRASAD R/O
MOH- LAL BAZAR, BETTIAH, P.S. BETTIAH, DISTT. WEST
CHAMPARAN
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPTT.,
GOVT. OF BIHAR, PATNA
3. DEPUTY SECRETARY ROAD CONSTRUCTION DEPTT., GOVT.
OF BIHAR, PATNA
2 24.6.2010
Prayer of the petitioner is for quashing of
the departmental proceeding initiated under Rule
43 (b) of the Bihar Pension Rules, contained in
notification bearing memo no.3447 (S) dated
11.3.2008, whereby 20% amount from the
pension of the petitioner is directed to be
adjusted for five years. The punishment awarded
in the departmental proceeding has been assailed
by the petitioner on the ground that without
furnishing inquiry report, without issuing second
show cause notice and without considering the
suggestion of Bihar Public Service Commission,
which is mandatory in the case of Gazetted
Officer the punishment has been awarded.
Counsel appearing for the State is
directed to seek instruction and file counter
-2-
affidavit, for which four weeks’ time is allowed.
Put up for admission after four weeks.
(Mridula Mishra,J.)
A.Kumar