THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, BIHAR, PATNA Vs. NARMDESHWAR SHARMA, SON OF LATE NANDI KESHWAR SHARMA, RESIDENT OF VILLAGE

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 11th of Aug., 2011 in C.W.J.C. No. 8338 of 2009, whereby the learned Single Bench has set aside the order of punishment.

(2.) Respondent No. 1 was an Executive Engineer working with the appellants. He attained the age of superannuation on 30th of June, 2002. He was charge-sheeted on 25th of March, 2003 supplemented by another charge-sheet dated 21st of April, 2003 under Rule 43(b) of the Bihar Pension Rules. Out of five charges, four have been found to be proved by the Inquiry Officer. It is thereafter, an order of punishment was passed withholding 50 per cent of his pension, and nothing to be paid beyond Subsistence Allowance for the period of suspension. The appeal against the order of punishment was dismissed on 18th of Nov., 2009.

(3.) The learned Single Bench in the writ proceedings found, that though, the department relied upon the documentary evidence, but still fundamental requirement of considering the defence by the Inquiry Officer cannot be waived. It found that the entire Inquiry Report is lop-sided as it deals only with the documentary evidence of the prosecution whereas defence of the appellant finds no discussion or consideration. Therefore, the Court found that there is infirmity in the decision making process. It also found that the order of punishment withholding the pension is extremely a serious matter whereas in the case of the Respondent No. 1, there is an order of withholding 50 per cent of his pension and that too for ever. In view of the said facts, the learned Single Bench allowed the writ application filed by the Respondent No. 1 herein.