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Documents citing Shambhu Sharan Gupta vs The Bihar State Food & Civil Supplies ... on 8 September, 2017

Vikas Kumar Sharma vs The State Of Bihar And Ors on 1 February, 2024

44. So far as the second ground taken by the petitioner that in absence of incorporation of grave misconduct or having caused pecuniary loss to the government, the proceeding could not have been converted under Rule 43(b) of the Bihar Pension Rules, it is the contention of the learned Counsel for the Patna High Court that it has already been held by a Full bench of the Patna High Court in Shambhu Sharan Vs. The State of Bihar & Others reported in 2000 (1) PLJR 665 that a departmental proceeding initiated while in service can continue on retirement for which no separate order to be recorded under Rule 43(b) of the Bihar Pension Rules. As such, Patna High Court CWJC No.4937 of 2011 dt. 01-02-2024 20/43 on account of automatic continuance of departmental proceeding initiated while the petitioner was in service, once he retired on 31.10.2009, there was no requirement to record a finding and as the charges in departmental proceeding against the petitioner were of grave misconduct, proceeding had to continue under Rule 43(b) of the Bihar Pension Rules.
Patna High Court Cites 20 - Cited by 0 - Full Document

Vikas Kumar Sharma vs The State Of Bihar And Ors on 12 January, 2024

44. So far as the second ground taken by the petitioner that in absence of incorporation of grave misconduct or having caused pecuniary loss to the government, the proceeding could not have been converted under Rule 43(b) of the Bihar Pension Rules, it is the contention of the learned Counsel for the Patna High Court that it has already been held by a Full bench of the Patna High Court in Shambhu Sharan Vs. The State of Bihar & Others reported in 2000 (1) PLJR 665 that a departmental proceeding initiated while in service can continue on retirement for which no separate order to be recorded under Rule 43(b) of the Bihar Pension Rules. As such, Patna High Court CWJC No.4937 of 2011 dt. 01-02-2024 20/43 on account of automatic continuance of departmental proceeding initiated while the petitioner was in service, once he retired on 31.10.2009, there was no requirement to record a finding and as the charges in departmental proceeding against the petitioner were of grave misconduct, proceeding had to continue under Rule 43(b) of the Bihar Pension Rules.
Patna High Court Cites 20 - Cited by 0 - Full Document

Chandra Kishore Sharma vs The State Of Bihar on 10 September, 2024

11. Full Bench of this Court in Shanbhu Sharan vs. State of Bihar & Ors.; 2000(1) PLJR 665 has held that even though the proceeding initiated in service period of an employee can be continued post retirement but the nature of punishment is different and no penalties as envisaged under the Bihar Government Servants (Classification Control and Appeal) Rules, 2005 can be imposed. Law is well settled, in this regard, no punishment order can be imposed with retrospective effect nor any punishment is inflicted on a retired employee as envisaged under 2005 Rules.
Patna High Court Cites 2 - Cited by 0 - H Kumar - Full Document

Md. Jamaluddin Hussain Mansuri vs The State Of Bihar & Ors on 1 November, 2017

3. In the narration of facts, what had transpired and had been observed in the previous round of litigation has been extracted and reproduced in the impugned order by the learned Single Judge. In other words, this is not the first round of litigation which was initiated before the learned Single Judge but is a continuance of the previous directions issued in the departmental proceeding. It is also reflected that a limited kind of remand was issued on the earlier occasion that was to provide a copy of the enquiry report and then proceed. The proceeding was initiated much much prior to the superannuation of the present appellant. After superannuation, the proceeding continued and the learned Single Judge rightly took note of the settled principle of law rendered by a Full Bench which was the case of Shambhu Saran Vs. State, 2002 (1) PLJR 665. There is no requirement for a separate proceeding to be initiated under Rule 43(b) of the Bihar Pension Rules. If a proceeding had been initiated prior to superannuation then automatically can be converted into a proceeding under Rule 43(b) of the Bihar Pension Rules and the same can be continued and finality reached.
Patna High Court Cites 1 - Cited by 0 - A K Tripathi - Full Document
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