Barin Ghosh and Navaniti Pd. Singh, JJ.
1. There is no dispute that the respondent employer adopted the provisions of the Bihar Service Code and the Bihar Pension Rules and accordingly they governed the service conditions of the employees of the respondent employer. While the appellant was serving the respondent employer, a disciplinary proceeding was initiated against the appellant by the respondent employer by issuing a chargesheet. While such disciplinary proceeding was initiated, a criminal case was also launched against the appellant. The charges against the appellant were enquired into by an Enquiry Officer. The Enquiry Officer submitted his report and thereby exonerated the appellant of the charges. The disciplinary authority thereupon by the order impugned in the writ petition while differed from the reasons given by the Enquiry Officer in his report, straightaway punished the appellant. This is not permissible. Accordingly, we have no other option but to interfere with the order impugned in this appeal.
2. There was a contention before the Writ Court that inasmuch as the appellant retired before conclusion of the disciplinary proceedings, the punishment order, as was passed under Rule 43(b) of the Bihar Pension Rules, could not be passed. We hold that the Writ Court has correctly dealt with this issue and has rightly concluded that inasmuch as the disciplinary proceeding was initiated while the appellant was in service, although the same could not be concluded before his retirement, a look at Rule 43(b) would suggest that the same could be concluded by passing an appropriate order under the said Rule and only thereupon the proceeding will stand concluded.
3. In those circumstances, the impugned order of punishment is quashed, but it is clarified that the impugned order of punishment shall be deemed to be the views of the disciplinary authority incorporating reasons why he differed from the opinion of the Enquiry Officer and, accordingly, the appellant is at liberty to give a rejoinder thereto and thereby indicate why such reasons are not adequate. Let such a rejoinder be given by the appellant disciplinary authority shall be entitled to conclude the matter under Rule 43(b) of the Bihar Pension Rules after receiving such reply.
4. The appeal is accordingly disposed of.