IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19102 of 2008 Dr.Kaushal Kishore Kumar, son of Late Suresh Chandra Kumar, resident of village Birpur, P.S. Birpur, District- Supaul. ……….. Petitioner Versus 1.The State Of Bihar 2.The Secretary, Health Department, Bihar, Patna 3.The Deputy Secretary to the Govt. Department of Health, Govt. of Bihar, Patna 4.The Joint Secretary to the Govt. Department of Health, Govt. of Bihar, Patna 5.The Regional Deputy Director, Health Services, Koshi Division, Saharsa 6.The Superintendent, Lalit Narayan Medical College, Birpur, Supaul. ………….. Respondents ---------------------------------- 2. 28/09/2011 After placing the enquiry report and other materials on record, learned counsel for the petitioner confines the prayer of the petitioner to the quantum of punishment awarded in terms of Rule 43B of the Bihar Pension Rules. The impugned order (Annexure-1) shows that the petitioner was charged of having purchased medicines irregularly to the tune of Rs.4,38,439/- from M.S.D., Kolkata. Charge has been found proved. Hence, an order of punishment has been passed withholding his entire pension and gratuity permanently. Learned counsel for the petitioner submits that even if irregular purchase is accepted, the amount is only Rs.4,38,439/- for 2 which entire pension and gratuity of the petitioner has been withheld permanently, which is much excessive to the loss caused to the Government. He submits that even if petitioner is considered to be liable to make good loss caused to the Government, still, the said amount will be much less than the pension and gratuity of the petitioner. Learned counsel for the petitioner may be right from this angle. In the circumstances, order of punishment passed against the petitioner is modified to the extent that pursuant to the charge proved against him, his entire gratuity and 25% pension shall be withheld permanently. Necessary sanction orders in respect of release of arrears of remaining 75% pension shall be sent to the Accountant General within three months from the date of receipt/production of a copy of this order for issue of Pension Payment Orders. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)