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Patna High CourtCWJC/21880/2019disposed

Sarswati Kumari, v. The State Of Bihar

2021-02-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21880 of 2019 ====================================================== Sarswati Kumari, Wife of Sri Umesh Chandra Pandit, Resident of Kumhar Toli, Chandi Ashthan, Basudeopur, P.S.- Basudeopur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

2.

The Director, Administration - cum- Additional Secretary, Government of Bihar, New Secretariat, Patna.

3.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh,Adv For the State :

Mr.S.K. Ranjan, A.C. to G.P.-17 For the Accountant General: Mr. Arun Kumar Arun, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 25-02-2021 Supplementary affidavit has been filed on behalf of the petitioner today.

2. Heard the parties.

3. The petitioner has brought this writ application for a direction to the respondents to sanction entire retiral benefits.

4. The petitioner superannuated from the post of Assistant Teacher Rajkiya Kanya Uch Vidyalay, Purnea on 30.11.2017. On the date of superannuation, a departmental proceeding was already pending against the petitioner which was converted into a proceeding under Section 43(b) of the Bihar Pension Rules, 1950 on 20.03.2020. In that proceeding,

Patna High Court CWJC No.21880 of 2019 dt.25-02-2021 2/2 punishment of withholding of 100% pension was passed on 02.02.2021, vide order at Annexure-9.

5. In view of the changed circumstances, this writ application is disposed off at this stage. The petitioner may prefer appeal against the punishment and after necessary order may approach this Court according to law.

6. With the aforesaid observation, this writ application stands disposed off.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.02.2021 Transmission Date