IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14447 of 2009 1. DR.RAMAVTAR PRASAD S/O LATE GULELA RAM R/O VILL- NARAULI, P.S-BAKHTIARPUR, P.O-KARAUTA, DISTT- PATNA, AT PRESENT S.F.D-1/34, BAHADURPUR HOUSING COLONY, (NEAR N.M.C.H.), BABA BHOOTNATH ROAD, PATNA-20 Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPTT. OF HEALTH AND MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIATE BUILDING, PATNA 3. THE SECREATARY, DEPTT. OF HEALTH AND FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA 4. THE ADDITIONAL COMMISSIONER, null DEPTT. OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA 5. THE DY. SECRETARY TO THE GOVT. OF BIHAR, DEPTT. OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA 6. THE ACCOUNTANT GENERAL BIHAR, PATNA ----------- 3 6.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has retired from the post of Regional Zonal Malaria Officer, Bhagalpur with effect from 1.3.2004. This application has been filed by the petitioner for quashing of Office order bearing memo no. 55(3) dated 18.1.2007, whereby the representation of the petitioner for granting benefit of Super Time Selection Grade, with all consequential benefits has been rejected. 2 Petitioner has earlier moved before this Court in CWJC No.1699 of 2000 for directing the respondents for giving the benefit of Super Time selection grade. The writ application was allowed, giving direction to the respondents to consider the case of the petitioner for grant of Super Time Scale, in accordance with law. In the light of the direction in the writ application, case of the petitioner was considered by the respondents and by the impugned order, it has been rejected. The facts of the case, revealed, that the petitioner was named as accused in a criminal case instituted by the Central Bureau of Investigation in the matters of purchase of medicines from Medical Stores Depot(MSD),Kolkata, which is still pending before the Special Judge, South Bihar, Patna. For same charges a departmental proceeding was initiated against the petitioner under 3 Section 43B of the Bihar Pension Rules and the charge framed in the departmental proceeding was found to be proved and accordingly punishment was awarded, forfeiting entire pension of the petitioner. The punishment order was challenged by the petitioner by filing CWJC No. 5034 of 2006. So far the order passed in the departmental proceeding relating to charge framed against the petitioner is concerned, that was not set aside but the punishment awarded was modified to this extent that the withholding of entire pension was converted into reduction of pension by 5%. The effect of this order was that the order passed in the departmental proceeding remained intact but severity of punishment was modified. I find that in view of the order passed in the departmental proceeding and the order of punishment awarded being affirmed even by the L.P.A. bench. There is neither any scope 4 nor any reason for recording a finding coming to other than awarded at by the Respondent authority in the circumstances. There is no error in the order rejecting Selection Grade to the petitioner. Considering the final order passed in the departmental proceeding as well as on account of the pendency of the criminal case, the Promotional Committee has rightly rejected the claim of the petitioner. The writ application stands dismissed. (Mridula Mishra,J.) A.kumar