RAMJI PRASAD SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a retired employee of the Bihar State Electricity Board (hereinafter referred to as 'the Board '). He retired from service on 31.1.2001 and at the time of retirement he was posted as Head Clerk in the Electric Supply Circle, Gaya. At the time of retirement the petitioner was facing a disciplinary proceeding on certain charges. In that proceeding the petitioner was given the punishment of 'reduction of pension to 0 (Zero) ' by office order no. 4515 issued by the Additional Secretary in the Board under his memo no. 1916 dated 12.9.2001 (Annexure -1). This writ petition has been filed challenging the order of punishment.

(2.) BEFORE proceeding further it may be stated that after his retirement the petitioner has been paid his Provident Fund and the amount of his leave encashment in terms of the punishment order his pension stands at Zero and he is also denied gratuity on the ground that it formed part of pensionary benefits. In other words, as a result of the punishment, the petitioner has been totally denied any gratuity and pension.

(3.) SEEN in isolation there may not appear any illegality or infirmity in subjecting the petitioner to the disciplinary proceeding and in giving him the punishment as indicated above. But viewed in the totality of the attending facts and circumstances it appears to the court that the punishment awarded to the petitioner was far too excessive, disproportionate and discriminatory and it is therefore liable to be interfered with. For putting the matter in its proper perspective it would be necessary to state some brief facts.