BINDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, an ex-employee of the Bihar State Electricity Board (hereinafter referred to as 'the Board') is aggrieved by the decision of the Board to forfeit his entire pension with effect from the date of the order i.e. 5.7.2001 in a proceeding under Rule 43(b) of the Bihar Pension Rules.

(2.) THE Petitioner superannuated from the Board's service on the post of Store Assistant while posted in Grid Maintenance Sub-division, Khagaul on 30.11.97. Prior to his superannuation he was posted at Bettiah until 1993 when he was transferred to Khagaul from where he finally superannuated. His 10% of pension and full gratuity besides unutilised leave salary were withheld by the Board. He came to this Court in CWJC No. 2970/99. THE Board took the stand that the Petitioner was in unauthorised occupation of 0.50 Acre of land belonging to the Board at Bettiah. In support of his claim the Petitioner relied on 'no dues' certificates said to have been granted by the concerned authorities with respect to his postings at Bettiah and Khagaul. By order dated 4.10.99 this Court held that the Board had failed to justify withholding of the pensioner dues and disposed of the writ petition with a direction to the respondents to release the pensionary dues of the Petitioner. THE Board preferred Letters Patent Appeal (LPA No. 1472/99) which was dismissed on 31.7.2000.

(3.) WHEN the case came up for hearing on 13.5.2002 this Court having noticed the diametrically opposite stand of the parties observed that it would like to go to the bottom of the matter to find out which of the two sides is making incorrect statement before this Court on oath. In the facts and circumstances the seniormost Additional District Judge, West Champaran at Bettiah was directed to hold enquiry after making local inspection of the land in presence of the two sides with a liberty to take evidence there itself or in his chambers subject to his convenience. The Enquiry Officer was directed to submit report after recording a definite finding as to whether the Petitioner or any one of his family member is in unauthorized occupation of any portion of the Board's land at Bettiah.