CHANDRASHEKHAR, J. - (1.) AGGRIEVED by order dated 07.08.2007 whereby the pension of the petitioner has been withheld, the petitioner has approached this Court.
(2.) THE brief facts of the case are that, the petitioner was appointed on the post of SubInspector of Police on 01.01.1970 and he superannuated from service on 28.02.2007. Initially, the date of birth of the petitioner was recorded in the service book as 28.02.1947 however, the petitioner realising the mistake in his certificate issued by the Bihar School Examination Board, Patna obtained a corrected certificate disclosing his date of birth as 28.02.1949. The petitioner made representation to the respondentauthority and produced the corrected copy of the certificate issued by the Bihar School Examination Board, Patna for correction of his date of birth in the service record from 28.02.1947 to 28.02.1949. After the superannuation of the petitioner from service, a chargememo was issued to the petitioner on 07.08.2007 and departmental proceeding was initiated against him. Enquiry report dated 16.04.2010 was submitted finding the charges proved against the petitioner. A second showcause notice was issued to the petitioner however, the petitioner failed to reply to the same. Vide notification dated 26.07.2010 the disciplinary authority passed the order of punishment, withholding pension of the petitioner. An order for registration of a criminal case was also passed by the respondent No. 2.
(3.) A counteraffidavit has been filed on behalf of the respondents producing the proceeding dated 14.12.2007 of the Bihar School Examination Board, Patna and the communication dated 14.03.2007, which disclose that the petitioner obtained a certificate from the Board fraudulently and the concerned official of the Board was dismissed from service. Heard the learned counsel appearing for the parties.;