pension within the meaning of the Bihar Pension Rules, cannot be withheld till such time as an order has been passed under Rule 43 (b ... only those provided in Rule 43(b) of the Rules. The Full Bench held that the scope of Rules 43 (b) and 139 are quite
Bihar
Pension Rules." There is error in respect of stating Section
43(b), it should have been Rule 43(b). Further, in the previous ... invoke Rule 43(b) (unamended Rules). The other
aspects are also warranted for invoking Rule 43(b) in the light
of the language employed
judicial/departmental proceeding.
(B) Rule 43 of Bihar Pension Rules provides the withholding of the pension amount only when the pensioner is found ... considering Rule 9 of the Civil Services Pension Rules, 1972 which is in para material with Rule 43(b) of the Bihar Pension Rules. This
Rule 43(b) of the Bihar Pension Rules.
25. Let us now endeavour to interpret Rule 43(b) in order to decide the question posed ... under Rule 43(b) of the Bihar Pension Rules. Hence, without fulfilling the conditions under Rule 43(b) and without cancelling the order of promotion
terms of Rule 43(b) or Rule 139 of the Pension Rules. Though the provisions of Rule 139 of the said Rules have no application ... from pension or gratuity in terms with Rule 43(b) or Rule 139 of the Bihar Pension Rules, 1950, where a specific procedure has already
that retiral benefit
cannot be withheld under Rule 43 of the Bihar Pension Rules, as Rule 43(b) of
the Bihar Pension Rules specifically provides ... that retiral benefit cannot be withheld under Rule 43 of the
Bihar Pension Rules as Rule 43(b) of the Bihar Pension Rules specifically
provides
examined provision of
Rule 43(a) (b), 46 and 46A of the Bihar Pension Rules,
applicability of Rule 43(a) of the Bihar Pension Rules ... under
Rule 43(b) of the Bihar Pension Rules. From a perusal
of the provisions of Rule 43(b) it does not appear that
order under Rule
43(b) of Jharkhand Pension Rules, but an order under Rule 139 of
Jharkhand Pension Rules withholding the pension of the petitioner ... been denied pension under Rule 43(b) of Jharkhand Pension Rules and
in terms of Rule 139 of Jharkhand Pension Rules on account
provision of the Bihar
Pension Rules and also other decisions came to following
conclusions:
(i) under Rule 43(a) and 43(b) of the
Bihar ... pension, the Court had taken notice
of Rule 139 of the Bihar Pension Rule which does stipulate about
the revision of pension in case
Appeal)
Rules, 2005 (for short "the Bihar C.C.A. Rules, 2005")
converted under 43(b) of the Bihar Pension Rules vide memo ... under Rule 43(b) of the Bihar
Pension Rules, and at later stage, under Rule 139 of the Bihar
Pension Rules. In the context
