VIRENDRA KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, petitioner is aggrieved by the order dated 14.5.2003, contained in Annexure-10, whereby and whereunder he has been allowed Rs. 250/- only as officiating allowance for taking work on the post of Additional Director, Mines with effect from 1.8.1989 till his retirement on 31.5.1995 during which period he continuously discharged full responsibility and duties and further for commanding the Respondents to grant him regular promotion on the post of Additional Director, Mines from that date i.e., with effect from 1.8.1989.

(2.) It appears that the petitioner was kept deprived of the said promotion on account of departmental proceeding initiated against him in which final order was passed imposing punishment on 8.11.2003 by which 10% of his pension was directed to be deducted. The said order was purported to have been passed under Rule 43(b) of the Bihar Pension Rules. The petitioner challenged its validity in CWJC No. 1929 of 2004 and this Court vide order dated 1.2.2005, contained in Annexure-13 held that the order impugned therein did not comply with the provisions of Rule 43(b) of the Bihar Pension Rules, and, thus, the same was quashed. However, the Court did not comment otherwise on the power of the State to pass order under Section 43(b) of the Bihar Pension Rules.

(3.) On 14.9.2005 on the prayer made on behalf of the State, the matter was adjourned for listing today at the top of the list. Meanwhile, the State authorities were directed to produce necessary consequential order pursuant to the order of this Court, contained in Annexure-13.