LAWS(PAT)-2001-5-43

BESH LAI SINGH Vs. STATE OF BIHAR

Decided On May 01, 2001
Besh Lai Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioner, a retired A.D.M., Government of Bihar, has prayed for quashing of the enquiry report dated 15.11.1995 (Annexure 3) and also the consequential order, contained in letter no. 2/C 3 -30185/92 P. dated 8th July, 1999 (Annexure 12), purported to have been issued in exercise of the power under rule 139(b) of the Bihar Pension Rules (hereinafter referred to as 'the Rules ') deducting a sum of Rs. 1,71,296.75 from his retirement benefits to make good the alleged loss of Government revenue as also to fix his pension after deducting 10%,for the alleged unsatisfactory service solely based on the report of the Commissioner, Departmental Enquiry, Bihar, Patna and, further, has sought for a mandamus directing the respondents to pay all post retirement benefits, including full pension, full salary for the suspension period with effect from 26.10.1992 to 7.5.1993 and also to grant him promotion to the post of Joint Secretary, which was kept in sealed cover on account of pendency of the departmental enquiry, with full salary.

(2.) IN short, the relevant facts are that the petitioner was posted as District Transport Officer, Purnea from 21.4.1986 to 6.3.1990. In August, 1991 audit of the said office was done for the period 1979 -80 to 1990 -91 when the petitioner has already been relieved on 6.3.1990 for proceeding on transfer. It is alleged that the Transport Commissioner, Bihar, on the basis of the audit report no. 1053 of 1990 -91, fixed entire responsibility on the petitioner only, although the objection raised in the audit report relates to the period of his predecessor and successor as well. The petitioner was placed under suspension on 26.10.1992, vide Memo No. 11721 of the Personnel and Administrative Reforms Department (Annexure C to the counter affidavit filed on behalf of respondent no.2). A departmental proceeding was initiated against him, vide Memo No. 2633 dated 16th March, 1993 (Annexure D to the counter affidavit filed on behalf of respondent no.2). The said order of suspension was revoked, vide order dated 7th May, 1993 (Annexure 4 to the earlier writ petition bearing C.W.J.C.No. 11636 of 1997 filed on behalf of the petitioner), but the departmental proceeding was continued. The said departmental proceeding was conducted by the Commissioner, Departmental Enquiries, Bihar, Patna, who submitted his report on 15th November, 1995 (Annexure 3). Thereafter the petitioner retired as Additional District Magistrate on 31st August, 1996 and when he was not paid -his retiral dues he filed the said earlier Wit petition in this Court for direction to pay his pensionary dues. In the said petition a counter affidavit was filed in which it was stated that the departmental proceeding was initiated while the petitioner was in service and ultimately he was found guilty of the charges and thus not entitled to the pensionary benefits.

(3.) IN pursuance of the said direction, the petitioner was Supplied with the photo copy of the enquiry report, vide letter dated 15th December, 1998, contained in Annexure 3, which also is part of Annexure 3. In the meanwhile, the petitioner was served with a show cause notice, vide letter no. 2/C3 - 30185/92 P. 10965 dated 12th October, 1998 (Annexure -4) much after his retirement on 31st August, 1996. In answer to that, the petitioner, vide letter dated 14.11.1998 (Annexure 5), wrote that since the aforementioned writ petition was pending in this Court, submission of the show cause would not be justified. However, later in pursuance of the aforementioned direction of this Court, the petitioner submitted his show cause in response to the aforementioned notice dated 15th December, 1998 (Annexure 3), a photo copy whereof has been annexed as Annexure 6.