IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.851 of 2008 1. The Bihar State Food & Civil Supplies Corporation Limited through its Managing Director, Sone Bhawan, Birchand Patel Path, P.S. Sachiwalaya, District – Patna 2. The Chairman-cum-Managing Director, The The Bihar State Food & Civil Supplies Corporation Limited , Sone Bhawan, Birchand Patel Path, P.S. Sachiwalaya, District – Patna 3. The Chief of Claims-cum-Conduction Officer, The Bihar State Food & Civil Supplies Corporation Limited , Sone Bhawan, Birchand Patel Path, P.S. Sachiwalaya, District – Patna ……. Respondents – Appellants. Versus 1. Krishna Deo Mishra, S/o Late Fakir Mishra, Resident of Village – Bishnupur, P.O. – Arer Hat, P.S. – Arer, District – Madhubani 2. The State of Bihar 3. District Manager, The Bihar State Food and Civil Suppliers Corporation Limited, Darbhanga ….. Respondents No. 1 & 4 ------ Respondents ----------- For the Appellants: Mr. R.S. Pradhan, Senior Advocate Mr. A N Rai, Advocate ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 24th November, 2008. Rule 43(b) of Bihar Pension Rules reads thus: “ ………..43(b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct; or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement: Provided that – (a) such departmental proceedings, if not instituted while - 2 - the government servant was on duty either before retirement or during re-employment; (i) Shall not be instituted save with the sanction of the State Government; (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; and (iii) shall be conducted by such authority and at such place or places as the State Government may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made; (b) judicial proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii) of clause (a); and (c ) the Bihar Public Service Commission, shall be consulted before final orders are passed.” 2. That the writ petitioner (respondent no. 1) has superannuated on 31st January, 2005 is not in dispute. That no disciplinary proceedings were initiated against the writ petitioner prior to his retirement is also not in dispute. 3. The senior counsel could not show from charge sheet (Annexure 9) that the initiation of disciplinary proceedings after superannuation of respondent no. 1 is covered by Clause (i) to (iii) of the proviso appended to Rule 43 (b) of Bihar Pension Rules. 4. In the circumstances, the order passed by the Single Judge cannot be said to suffer from any legal flaw. Letters Patent Appeal does not deserve to be admitted. It is, accordingly, dismissed. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/