BAIDYA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rupak Kumar for the petitioner, Mr. Mahesh Prasad, learned S.C.-8 and Mr. L.P.K. Rajgriahar for the Accountant General.

(2.) the petitioner who retired from the post of Junior Engineer with effect from 31.12.2003 has filed the writ petition for payment of his retiral benefits as detailed in paragraph-1 of the writ petition.

(3.) The facts briefly stated are that a disciplinary proceedings was initiated against one Devendra Prasad Sinha, Assistant Engineer for not furnishing the accounts relating to the advances given to four Junior Engineers including the present Petitioner. Evidence of the same is present in Memo No. 1773 dated 14.8.1992 (Annexure-9). Subsequent thereto a separate proceeding was also initiated against the present Petitioner vide Memo No. 1645 dated 5.4.2002 (Annexure-14) whereby charges were served upon the petitioner. Whereas charge No. 1 indicted the petitioner of not having submitted timely accounts with regard to an advance of Rs. 4,65,878/- as a result whereof it could not be adjusted in the divisional accounts, charge No. 2 contained allegations of not being aware that the advances given/taken had to be adjusted in the same financial year so that its veracity could be tested in the same financial year and thus the conduct of the petitioner was violative of the financial rules and Regulations.