NARSINGH SHARMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging resolution dated 16.11.1998 (Annexure-1), issued by the Bihar State Electricity Board (hereinafter referred to as 'the Board' for the sake of brevity) under the signature of its Joint Secretary, by which punishment of withholding 2% pension had been awarded to him and also challenging order dated 18.5.2002 (Annexure-2), by which the appeal filed by the petitioner was rejected by the Board.

(2.) Learned counsel for the petitioner claimed that the aforesaid punishment is quite disproportionate against the non est charges of any financial loss. It is further claimed that the said punishment is discriminatory as in similar circumstances the petitioner's successor has been exonerated. It is also averred that the authorities must pay the deducted amount of pension from the date of retirement till the date of payment alongwith exemplary interest and cost of litigation.

(3.) On the other hancj, learned counsel for the respondents submitted that the departmental proceeding was initiated against the petitioner on six charges of gross misconduct enumerated in the charge-sheet as the proceeding was initiated on 3.8.1994 (Annexure-3) during the service period of the petitioner and after his retirement it was converted under Section 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rules' for the sake of brevity) for the purposes of punishment.