AMBIKA SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Shailendra Kumar Singh, learned Counsel appearing on behalf of the Petitioner and Mr. Vinay Kirti Singh learned Counsel appearing on behalf of the Board.

(2.) With the consent of the parties, the matter has been taken up for disposal at the stage of admission itself.

(3.) The Petitioner superannuated from the services of the Respondent Board with effect from 31.10.2004 while holding the post of Head Clerk. Indisputably during his service career no adverse remarks nor any punishment was imposed against the Petitioner. The dispute arose after the superannuation of the Petitioner and during the course of processing of his post retiral benefits the impugned order came to be issued on 3.7.2006 (Annexure-3) whereby the Board issued an order of penalty in purported exercise of power under Rule 139 of the Bihar Pension Rules. The Petitioner was charged with causing loss to the Board for excess service done by one Sri Sri Ram, an unskilled Khalasi, who according to the Board, was allowed to continue even after his date of superannuation on 29.2.2004 until May, 2004 i.e. a period three months due to lapses of the Petitioner. The Petitioner was imposed a further penalty of deduction of 2% amount of his pension.