CHANDRAMA TIWARY Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved on account of complete the part of the respondents authorities of the Bihar State Electricity Board (in short 'the Board') in deciding his claim relating to commutation of pension and payment of the amount of leave encashment.

(2.) The petitioner retired from the service of the Board on 31 -1 -2001. The Board, vide its resolution No. 1319 and 1321 dated 26 -5 -1999, which disagreeing with the report of the inquiry officer in respect of charge No. 2 and also after change No. 1 has held the petitioner guilty and imposed him with the punishment of compulsory retirement from the Board's service with immediate effect. The petitioner filed C.W.J.C. No. 5602 of 1999 in this Court challenging the validity of the said resolutions. This Court, vide order dated 3 -7 -2000, contained in Annexure 2, quashed the said resolutions and remitted the matter back to the respondents authorities for passing fresh order after complying with the of natural justice, in accordance with law, within a period of two months.

(3.) It is not in dispute that since remand, no fresh order has been passed till date much less within the time stipulated in Annexure 2. As already noted above, the petitioner was allowed to superannuate from service on 31 -1 -2001. Meanwhile, as the petitioner was compulsorily retired, he applied for commutation of pension on 29 -3 -2000.