RAM KUMAR SINGH Vs. STATE OF BIHAR
HIGH COURT OF PATNA
RAM KUMAR SINGH
STATE OF BIHAR
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RAJEEV RANJAN PRASAD,J. -
(1.) The present writ application was initially preferred for the following reliefs:-
(i) For payment of Pension, Leave encashment and gratuity admissible after retirement and other retiral benefits.
(ii) For further direction for payment of interest of 12% upon aforesaid amount till date of actual payment.
(iii) For any other relief/relief s the petitioner entitled for in the facts and circumstances of the case.
(2.) The petitioner who was holding the post of Statistical Supervisor in Bakhtiyarpur Block, Patna was arrested after he was trapped by the Department of Vigilance while accepting a sum of Rs. 8000/- in cash from the complainant. One F.I.R. being Vigilance Case Number 3 of 2014 dated 11-04- 2014 under Section 7/13 (2) read with Section 13 (1) (a) of the Prevention of Corruption Act was registered, petitioner was suspended under rule 9 (2) (d) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the Rules of 2005 ) with effect from 11-04-2014. He was granted bail in the Vigilance Case and while the said case is still pending, a departmental proceeding was initiated against the petitioner and he was served with Prapatra d vide memo no. 771 dated 03-06-2014 (Annexure - 2 series).
(3.) It is stated that after his release on bail, the petitioner joined at the headquarter Bettiah (West Champaran) from where he superannuated on 31-08-2015. The departmental proceeding initiated against the petitioner prior to his retirement was converted in a proceeding under Rule 43 (ka) of the Bihar Pension Rules (hereinafter referred to as the Pension Rules ). By a memo no. 1390 dated 19-07-2016 (Annexure 7 to the writ application) petitioner was communicated that the departmental proceeding against him has been converted under the Pension Rules.;
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