Bihar Pension Rules, the competent authority is not
authorized to initiate a proceeding under Rule 97 of the Bihar
Service Code and deprive ... Bihar Service Code or
under the Bihar Pension Rules, which would authorize the
competent authority to exercise the power of Rule-97 of the
Bihar
Service Code more
particularly Rule 97 and Rule 99 will automatically come into
play upon acquittal as the appellant has adopted the Code.
Rule 97 ... under Rule 97 of
16
the Bihar Service Code is in context of a dismissal after a
departmental proceeding. The Bihar Service Code does
Rule 97 of the Bihar Service Code lays down the provisions with regard to such a situation. Rule 97 reads as under :
"97
Jai Balaji Industries Ltd. & Ors vs The Union Of India & Ors on 28
before passing the order
dated 21.07.2011, in terms of Rule 97 of the Bihar Service Code,
thereby depriving the petitioner from getting full salary ... following the procedure prescribed under Rule 97 of the Bihar
Service Code.
5. The learned counsel for the petitioner submits that the
enquiry against
petitioner, which is mandatory in terms of
Rules 97 (3) of the Bihar Service Code.
Consideration & Conclusion
15. Having heard the learned counsel ... effect that no notice in terms of
Rule 97 (3) of the Bihar Service Code was issued, before
passing the order of non-payment
violation of Rule 11(5) of the Bihar C.C.A. Rules,
2005 read with 97(3) of the Bihar Service Code.
6. The learned ... terms of Rule 11(5) of the Bihar C.C.A. Rules, 2005
and Rule 97(3) of the Bihar Service Code. It further appears
Rajendra Singh Verma (D) Thr.Lrs vs Lt.Governor Of Nct Of Delhi & Anr
Justice Agrawal has held that in view of the rules included in the Bihar Service Code the Government had no jurisdiction to continue the departmental ... suspension, the learned Judges took divergent views. Interpreting Rule 97 of the Bihar Service Code Mr. Justice Agrawal held that as a general rule
dismissal as this Court finds that the petitioner's removal from
service is illegal without following the due and fair procedure.
21. The respondents ... production of a copy of this order after following Rule 97 of
the Bihar Service Code.
23. This writ application is, accordingly, allowed
