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Muneshwar Prasad Sinha Vs. State of Bihar and ors.

Court : Patna

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43 and 139

amounting to Rs. 1,80,026.25 and took the decision, in purported exercise of power under Rule 139 of the Bihar Pension Rules, to recover the amount of loss suffered by the Board from the gratuity and pension payable to him. … it held the petitioner responsible. The show cause notice and the impugned order, therefore, clearly fell under Rule 43(b) and a mere citation of Rule 1'39 in the order will not make it an order under the

Bhubaneshwar Sharma Vs. the State of Bihar and ors.

Court : Patna

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

Shankar Ram Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Service

Acts : Service Law; ; Bihar Pension Rules, 1950 - Rules 43 and 150; Bihar Service Code, 1952; Constitution of India - Article 226

Reported in : 2003(51)BLJR106; [2003(1)JCR337(Jhr)]

retiral benefits is concerned, such power is vested with the competent authority under Rule 43 (b) of the Bihar Pension Rules, 1950. As per Rule 43 (b), aforesaid though it is open to the State to withhold or curtail

Dr. Dudh Nath Pandey Vs. the State of Jharkhand,

Court : Jharkhand

Subject : Service

Acts : Parliamentary Act; Bihar Service Code - Rule 5; Constitution of India - Articles 41, 162 and 300A; Bihar Pension Rules - Rules 27, 43 and 47; Civil Services Pension Rules, 1972 - Rule 9; Central Civil Services Leave Rules - Rule 29(3)

Reported in : 2007(2)BLJR2847; [2007(115)FLR884]; 2009(2)SLJ105(NULL)

power to withhold pension/gratuity and leave encashment on the ground of pendency of judicial/departmental proceeding.(B) Rule 43 of Bihar Pension Rules provides the withholding of the pension amount only when the pensioner is found to be guilty of grave

Smt. Normi Topno Vs. the State of Jharkhand Through Its Secretary, Dep ...

Court : Jharkhand

Subject : Service

Acts : Indian Contract Act - Sections 43 and 72; Bihar Pension Rules, 1950 - Rule 43

Reported in : 2008(56)BLJR289; [2008(1)JCR381(Jhr)]

at this belated stage, nor can recover any amount, there being no proceeding under Rule 43(b) of the Bihar Pension Rules having initiated. [para 7](ii) In Ram Prasann Singh v. State of Jharkhand the Single Judge has given the

Ram Narayan Renu Vs. State of Bihar and ors.

Court : Patna

Subject : Civil

Acts : Bihar Finance Act, 1981 - Sections 45, 46(4) and 47; Bihar Pension Rules, 1950 - Rule 43

26.2.2002 (Annexure-20), passed by the Government of Bihar in purported exercise of powers under Rule 43(b) of the Bihar Pension Rules, 1950, whereby the petitioner's pension to the extent of 25% per month has been reduced, the entire amount

Jai Ballabh Mullic Vs. Bihar State Electricity Board and ors.

Court : Patna

Subject : Service

Acts : Service Law; Bihar Pension Rule - Rule 43

defalcated amount, from the post retiral dues of the petitioner, is permissible under Rule 43 (b) of the Bihar Pension Rules and in that view of the matter, the order impugned is not fit to be interfered with by

Ravi Kumar Verma Vs. the Bihar State Electricity Board and ors.

Court : Patna

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43 and 139; Constitution of India - Article 31(1)

communicated before his superannuation with respect to its conversion into a proceeding under Rule 43 (b) of the Bihar Pension Rules. According to the petitioner, as the charge levelled against him relates to the period between 4-12-1991 to 17-3-1992

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

Court : Jharkhand

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)]

submitted that no amount can be deducted from pension without initiating any proceeding under Rule 43(b) of the Bihar Pension Rules and as such withholding of the provisional pension and not finalizing and paying the petitioner's pension and gratuity

Sharda Prasad Sinha Vs. the B.S.E.B. and ors.

Court : Patna

Subject : Service

Acts : Bihar Pension Rules, 1950 - Rules 43, 43(2) and 139; Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 59A

whereby he was informed that a departmental proceeding has been initiated against him under Rule 43(b) of the Bihar Pension Rules. The memo of charges was served on him indicating that the proceeding has been initiated with respect to