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Judgment
Date : 25-08-2026 Heard learned Advocate for the respective parties.
The petitioner, a septuagenarian, retired from the post of Medical Officer, has approached this Court assailing the impugned notification, as contained in Memo No.1093 (9) dated 03.10.2025 whereby the Health Department, Government of Bihar has ordered for forfeiture of 100% pension of the petitioner after holding him guilty in the disciplinary proceeding initiated against him through resolution no. 259(9) dated 26.02.2020.
Learned advocate for the petitioner, while pointing out the infirmities in the impugned order, has fairly submitted that in the earlier round of litigation, similar orders were put to question before this Court in C.W.J.C. No. 20244 of 2025 wherein the Court vide its order dated 30.03.2026 directed the petitioner to avail the remedy under Rule 24(2) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and further directed the concerned authority to consider and pass the speaking order on the appeal preferred by the petitioner within 90 days.
It is the specific contention of the petitioner that owing to the impugned order, the petitioner has been deprived from his pension at the yester year of his life, and the authorities concerned are sitting tight over the matter, despite the order having been passed on 30.03.2026 in C.W.J.C. No. 20244 of 2025 to dispose of the appeal within 90 days; nonetheless four months have been elapsed.
Learned Advocate for the State and the Vigilance Investigation Bureau as well as the Accountant General, Bihar submitted that irrespective of the fact the petitioner had remedy to file a contempt application, if the order of this Court has not been complied with, the present writ petition has been filed, which in their submissions is wholly misconceived.
Having considered the predicament of the petitioner, who is said to have been deprived from the entire pension, this Court instead of directing the petitioner to file a contempt petition, deems it fit and proper to dispose of the writ petition with a hope and expectation that the Appellate Authority and/or the Principal Secretary, Health Department, Government of Bihar to take up the appeal of the petitioner and bring to its logical conclusion preferably within a period of four weeks from the date of receipt/production of a copy of this order, keeping in mind the direction and time frame, as mandated by this Court in C.W.J.C. No. 20244 of 2025.
Failure in compliance of the order aforenoted would give rise to a cause of action to the petitioner to file a petition for initiation of contempt proceeding against the erring officials.
The writ petition stands disposed of.
Footnotes
- 1.AFR/NAFR NAFR
- 2.CAV DATE NA
- 3.Uploading Date 27.08.2026
- 4.Transmission Date NA
