PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

Heard learned counsel for the petitioner and learned counsel for the respondents-State.

2. This petition has been preferred by the petitioner seeking following reliefs:

(i)For issuance of appropriate writ/writs, order/orders in the nature of certiorari for quashing the order contained in memo no. 2205 dated 28.12.2023 issued by respondent no. 3, whereby and whereunder the punishment of hundred per cent pension deduction/forfeiture has been awarded to the petitioner in the departmental proceeding under Section 139 (Ga) of Bihar Pension Rules, 1950 on non-est grounds, in arbitrary manner.

(ii)For quashing the enquiry report dated 29.05.2023 submitted by respondent no. 5, whereby the enquiry officer has proved all the charges against the petitioner in a complete illegal, arbitrary and unauthorized manner.

(iii)In consequent thereof, for issuance of writ/writs of mandamus commanding the respondent authorities to grant entire pension with effect from the date of superannuation.

(iv)For any other order/orders which the petitioner may found to be entitled in the facts and circumstances of the case.

3. The brief facts of the case is that the petitioner joined to the post of Circle Officer at Sadar Bettiah, West Champaran on 10.08.2020. On the basis of the complaint made by one Vinod Kumar Gupta, Vigilance Case No. 45 of 2021 for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 has been registered against the petitioner.

On 02.11.2021, the petitioner was trapped and arrested by the Vigilance Investigation Bureau. It is alleged that at the time of trap, petitioner was taking bribe of Rs. 250000/- from the said complainant Vinod Kumar Gupta on 02.11.2021. The petitioner was suspended on 27.12.2021 with effect from 02.11.2021. Subsequently, the charge memo was also issued to the petitioner on 17.01.2022. Two charges were levelled against the petitioner. During pendency of the departmental enquiry, on 31.01.2022 the petitioner superannuated from the services. After issuance of show cause to the petitioner, the enquiry officer and presenting officer were appointed. The petitioner also submitted his explanation before the enquiry officer. The enquiry officer submitted his enquiry report (Annexure-P/5) vide its Memo dated 29.12.2023. The second show cause issued to the petitioner by the disciplinary authority, which was replied by him, thereafter, vide impugned order dated 28.12.2023 (Annexure-P/8) petitioner has been punished awarding 100% pension forfeiture/deduction under Rule 139 (c) of the Bihar Pension Rules, 1950. Since the above order passed by the respondent no.3 under the order of the Governor of Bihar, there is no appellate authority and therefore, present writ petition has been preferred by the petitioner.

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