Rajeshwar Pandey vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

The amendment application is allowed. It will form part of the main writ application.

The petitioner is challenging annexure 3, whereby and whereunder the proceedings in terms of Rule 43(b) of the Bihar Pension Rules (hereinafter to be referred to as "Rules") has been drawn against him.

The petitioner has approached this Court prematurely. It appears that till date final decision has not been taken by the authority in terms of Rule 43(b) of the Rules.

Learned counsel for the State points out that a proceeding was initiated against the petitioner during his service tenure and charges were framed against him, which were communicated to him, but he refused to receive the same.

It is also pointed out that at no point of time, the petitioner prayed to drop the proceeding and consequently thereof, therefore, the present proceeding has been drawn up after his superannuation.

Since the petitioner is in receipt of the order of the proceeding drawn against him in terms of Rule 43(b) of the Rules, he should file his explanation before the authorities. In case the petitioner files his explanation to the order, as contained in annexure 3, within a period of four weeks from today, the same would be considered by the disciplinary authority and thereafter necessary orders will be passed in accordance with law.

With the direction/observations aforesaid, this application is disposed of.