Patna High CourtCWJC/15995/2014disposed

Awadhesh Prasad v. The State Of Bihar And ORS

2018-11-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15995 of 2014 ======================================================

1. Awadhesh Prasad Son of late Munsi Prasad, resident of villageAariyawan, Police Station- Ekangar Sarai, District- Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Director (Secondary Education), Bihar, Patna

3. The Accountant General (A&E), Bihar, Patna

4. The Regional Deputy Director of Education, Patna Division, Patna

5. The District Education Officer, Nalanda, District- Nalanda

6. The District Programme Officer (Establishment), Nalanda, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr. Shiv Shankar Prasad, SC-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

Although, the Court does not find any procedural infirmity in the order of punishment of forfeiture of 5% of pension. The Court on consideration of the fact that the petitioner superannuated on 31.3.2012 and he has been inflicted punishment of forfeiture of 5 % of salary vide order dated 31.7.2014, is inclined to grant indulgence to the petitioner so that he may file representation before the Disciplinary Authority to take appropriate decision for restoration of his forfeitured pension as the petitioner has suffered adversely due to forfeiture of salary of pension of 5 % pension for nearly six years. In case

Patna High Court CWJC No.15995 of 2014(3) dt.06-11-2018 2/2 petitioner files representation before the Disciplinary Authority, the Disciplinary authority will take appropriate decision on restoration or rejection of restoration of his full pension by passing reasoned and speaking order within a maximum period of four months from the date of filing of such representation. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U