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Mar 09 2005

Ram Dayal Rai Vs. Jharkhand State Electricity Board and ors.

Court : Supreme Court of India

Decided on : Mar-09-2005

Subject : Service

Reported in : AIR2005SC1920; 2005(2)BLJR918; [2005(105)FLR160]; [2006(1)JCR240(SC)]; JT2005(3)SC130; (2005)IILLJ690SC; (2005)3SCC501; 2005(2)SLJ481(SC); (2005)2UPLBEC1609

from the total amount of pension payable to the appellant under the provisions of Rule 43(a) of the Bihar Pension Rules, 1950 without taking into consideration the fact that the appellant was permitted by the High Court to continue his … under challenge is unreasonable, unwarranted, without jurisdiction and beyond the scope of Rule 43(a) and (b) of the Bihar Pension Rules, 1950. The appellant filed W.P.(S) No. 3159 of 2001 in the High Court of Jharkhand, Ranchi. The main plea

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Apr 05 2006

State of Jharkhand Vs. Kauleshwar Prasad and ors.

Court : Jharkhand

Decided on : Apr-05-2006

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 26(2), 45, 58 and 61; Indian Penal Code (IPC) - 498A

Reported in : [2006(3)JCR233(Jhr)]

pension. The cases in which no pension can be claimed have been provided under Rule 45 of the Bihar Pension Rules, 1950, which reads as follows:45. In the following cases no claim to pension is admitted:(a) When a Government servant … pension.10. The condition of qualification for grant of pension has also been prescribed under Rule 58 of the Bihar Pension Rules, 1950, as quoted hereunder;58. The service of a Government servant does not qualify for pension unless it conforms to

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Nov 17 2005

State of Bihar and ors. Vs. Ram Tawakya Singh and ors.

Court : Patna

Decided on : Nov-17-2005

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 136 and 151

Provision will not have any legal status and effect for the purpose of consideration of the provisions of Bihar Pension Rules, 1950. At this stage, in this back drop of facts, the matter was considered for reference to a larger … position he superannuated with effect from 31st January 1995.(9) It would be interesting to mention that the relevant Bihar Pension Rules, 1950, came to be amended under resolution of the State Government being No. 3014, dated 31st July 1980, wherein,

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Dec 19 2002

Ram Dayal Rai Vs. Jharkhand State Electricity Board and ors.

Court : Jharkhand

Decided on : Dec-19-2002

Subject : Service

Acts : Service Law; Bihar Pension Rules, 1950 - Rule 43; Constitution of India - Article 226

Reported in : [2003(1)JCR525(Jhr)]

on the basis of evidence.3. The main plea taken by petitioner is that as Rule 43(b) of the Bihar Pension Rules, 1950 relates to misconduct if committed during the service period so, the respondents have no jurisdiction to pass any … Rule 43(b) for retention of quarters after his retirement.4. It is not in dispute that the B.S.E.B. adopted Bihar Pension Rules, 1950 mutatis mutandis for its employees.5. Under Chapter III of Bihar Pension Rules, 1950 'general provisions relating to grant

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Oct 07 2005

Kailash Ram Vs. State of Jharkhand and ors.

Court : Jharkhand

Decided on : Oct-07-2005

Subject : Labour and IndustrialConstitution

Acts : Bihar Pension Rules, 1950 - Rule 43B

Reported in : [2006(108)FLR478]; [2005(4)JCR199(Jhr)]

4th December, 2001 having noticed that the order purported to have been passed under Rule 43(b) of the Bihar Pension Rules, 1950 and the fact that no ground was shown as to whether the enquiry officer has held the petitioner … to recover the advance money from the Munshis One can get the reply from Rule 43(B) of the Bihar Pension Rules, 1950, which empowers the State Government to withhold or withdraw a pension or any part of it, permanently or

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Sep 09 2003

Shyam Sunder Chaudhary Vs. State of Bihar and ors.

Court : Jharkhand

Decided on : Sep-09-2003

Subject : Service

Acts : Service Law; Constitution of India - Article 226; Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 49A; Bihar Pension Rules, 1950 - Rule 43

Reported in : [2003(4)JCR438(Jhr)]

of the petitioner that the respondents having not proceeded under the provisions of. Rule 43 (b) of the Bihar Pension Rules, 1950 had no authority to deduct pension. This argument is totally misconceived because apart from giving power to the … part of it, whether permanent or for specified period, under the provisions of Rule 43 (b) of the Bihar Pension Rules, 1950, subject to the pensioner having been found in a departmental proceeding to have been guilty of misconduct, the

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Oct 11 2007

The State of Jharkhand and ors. Vs. Padmalochan Kalindi and anr.

Court : Jharkhand

Decided on : Oct-11-2007

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43 and 139; Bihar/Jharkhand Pension Rules - Rule 43

Reported in : 2008(56)BLJR279; [2008(1)JCR5(Jhr)]

after about 35 years of release of the increments without initiating any proceeding under Rule 43(b) of the Bihar Pension Rules, 1950. He held that no amount can be recovered from the pension except in accordance with the procedure prescribed … or adjustment is made 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 been prescribed.14. It will be evident that the competent authority, which is

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Jun 17 2005

Ranendra Nath Sarkar Vs. Bihar State Electricity Board Through Its Cha ...

Court : Jharkhand

Decided on : Jun-17-2005

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 101 and 105

Reported in : 2005(3)BLJR1701; [2006(108)FLR476]; [2005(3)JCR191(Jhr)]

service under the Patna University. The said provision is similar to the provisions of Rule 101(a) of the Bihar Pension Rules, 1950. While considering the said provision, the learned Single Judge also took note of Article 14 (i) and (vii) … past service. The learned Single Judge then drew a parallel with the provisions of Rule 101(b) of the Bihar Pension Rules, 1950 which indicates that resignation of an appointment (with the approval of the appointing authority) to take up another

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Oct 03 2002

Sohan Mahto Vs. State of Bihar and ors.

Court : Jharkhand

Decided on : Oct-03-2002

Subject : Service

Acts : Service Law; Bihar Pension Rules, 1950 - Rule 43; Constitution of India - Article 226

Reported in : 2002(50)BLJR2392

preferred this writ petition.2. Counsel for the petitioner submitted that no proceeding under Rule 43 (b) of the Bihar Pension Rules, 1950 was initiated against the petitioner, nor any notice under Rule 139 (b) of the Bihar Pension Rules, 1950 … Bihar Pension Rules, 1950 was initiated against the petitioner, nor any notice under Rule 139 (b) of the Bihar Pension Rules, 1950 was given to him. The respondent-Deputy Commissioner, Dhanbad has no jurisdiction to initiate any departmental proceeding after the

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May 23 2008

Bhubaneshwar Sharma Vs. the State of Bihar and ors.

Court : Patna

Decided on : May-23-2008

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43, 55A and 139; Central Civil Appeal Rules; Indian Penal Code (IPC) - Sections 120B, 409, 420, 467, 468 and 479; Constitution of India - Articles 32, 226, 311 and 320(3)

quash the order bearing Memo No. 384, dated 24.1.1998 (Annexure-8), passed in terms of Rule 43(b) of the Bihar Pension Rules 1950 (hereinafter referred to as the Rules), whereby his pension and gratuity to the extent of 100 per cent … order as to costs. Services - Pensionary benefits and gratuity - Withholding of - Rule 43(b) of the Bihar Pension Rules 1950 - Petitioner abandoned his grievance with regard to validity of the impugned order of punishment whereby pension and

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