AJAY KUMAR PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this writ petition, prayer on behalf of the petitioner is for quashing the resolution No. 254 dated February 5, 2000 of Bihar State Electricity Board, hereinafter referred to as the Board, initiating a departmental proceeding for the same set of charges based on same set of facts with same set of witnesses and common evidence for which a Vigilance P.S. Case No. 2 of 1996 filed by the Vigilance Department of the Board under Sections 420, 467, 468, 471, 477-A I.P.C. and Section 5(2) read with Section 5(l)(d)oftheP.C. Act, 1947, amended Section 13(2) read with Section 13(l)(d) of the P.C. Act, 1988 against the petitioner has also been lodged, and further commanding the respondents to stay further proceeding in the departmental proceeding till the disposal of the said Vigilance Case pending before the Special Judge (Vigilance), South Bihar, Patna.

(2.) Learned counsel for the petitioner has confined his relief only with respect to the second one wherein prayer is for stay of further proceeding in the departmental proceeding till the disposal of the said Vigilance Case.

(3.) In short, the relevant facts are that the petitioner in pursuance to the advertisement published by the Board inviting applications for the post of Assistant Electrical Engineer in the year 1983 applied for the same and was selected in the written test conducted by the Board and joined the said post. While on transfer from Gaya was posted at Barhi was allowed to retain Boards quarter at Gaya in view of the Board resolution No. 3388 dated August 7, 1985 and paid the penal rent for the same. According to him, he was also entitled to get house rent allowance at Barhi under H.R.A. Rules, 1980. Accordingly, he retained the quarter at Gaya while transferred to Barhi and drew his H.R.A. at Barhi. However, having learnt that withdrawal of H.R. A. in such circumstances is not permissible, he without entering into the controversy refunded Rs. 1,704/- to the Board voluntarily and paid the penal rent at Gaya. Later on while considering his case for promotion to the post of Electrical Executive Engineer the said allegation of withdrawal of H.R.A. was considered by the competent authority and was granted promotion to the said post. This fact is evident from the extract of the file and the recommendation of the D.P.C. dated December 21, 1991 with respect to it, contained in Annexure-5 and 511. Later on, the allegation of forged caste certificate vide registration No. 2525 dated July 13, 1981 was duly verified by the Inspector General (Vigilance) vide his letter No. 1506 dated August 5, 1993and the same was confirmed as genuine document by the office of the Assistant Commissioner, Tribal Development, Mandia (M.P.) vide letter dated January 10, 1994. True/photostat copy of the said certificate and the letters have been annexed as Annexures 6, 6/1 and 6/2.