High Court Sets Aside Bihar Secretariat's Order Withholding Employee's 100% Pension Pending Disciplinary Action, Imposes ₹1 Lakh Cost

Justice P. B. Bajanthri also directed the Secretariat officials to pay a cost of Rs.1 Lakhs to the Petitioner, for "lapses" in following Bihar Pension Rules.

The petitioner was posted as a Deputy Secretary in the Planning and Development Department of the State. He was subjected to disciplinary proceedings while he was in service and it reached up to the stage of issuance of second show cause notice and furnishing of reply by the Petitioner. Thereafter, after retirement of the petitioner, the disciplinary authority withheld his 100% pension by writing a letter to the Accountant General. Aggrieved by the same, the petitioner moved the High Court seeking issuance of an appropriate writ.

It was contended that the impugned order was passed without final conclusion of the disciplinary action.

The Court was astonished to know that to the present day, no final order had been passed in the disciplinary proceedings in terms of Rule 18 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 read with Rule 43(b) of Bihar Pension Rules. On the other hand, contrary to the aforesaid provisions, 100% pension of the petitioner had been forfeited.

In view of the above, the court was of view that petitioner is entitled to all retiral benefits. Further he was held entitled to pension from the date he attained the age of superannuation and retired from service till the passing of final order in a departmental enquiry which was launched against the petitioner.

"Disciplinary/ appointing authority has adopted short circuit method of deducting 100% pension from petitioner while writing a letter to the Accountant General. That apart, it is to be noticed that even notice has not been issued to the petitioner that his 100% pension would be withheld."

Case Title: Basudeo Das Versus The State Of Bihar and Ors.

Citation: 2022 LiveLaw (Pat) 33 

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