Government filed criminal case after 13 years of my retirement
The government of Bihar has filed a criminal case against me under section 420/467/468/471/409/201/120-B IPC for granting illegal licenses to some traders of Bihar in the discharge of my official duties. It was the regime of Lalu Yadav when the government frequently changes rules and regulation for granting licenses. Now I am retired from the public post in the year 2002 March 12.
I have been availing all the
You had committed that offence in the discharge of your official duties. After the judgment of Subramaniyam Swami vs Man Mohan Singh AIR 2012 SC; it is held by the Supreme Court that court has right to examine all the facts of the case, if some materials come out from the facts that an offence has been committed then court shall take cognizance of the case no matter after how many years from the date occurrence case is preferred in the court.
Section 468 Cr.P.C. provides a period of limitation in respect of taking cognizance of the criminal case. An
In Ram Chandra Rao vs State of Karnataka AIR 2002 SC; held by Supreme Court that no period of limitation can be prescribed on which the trial the trial of the criminal case cannot continue. According to Regulation 351 A of the Civil Service Regulations
“The Governor reserves to himself 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 proceedings 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.”
Shivendra Pratap Singh
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