SHAMSHER BAHADUR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the State submits that he has received instructions and would argue the matter.

(3.) The petitioner was placed under suspension and was charge-sheeted for misconduct. He stood retired from the post of Sr. Clerk on 30-4-1993 but he was not given dues of gratuity, leave encashment etc., therefore, he came to this Court in C.W.J.C. No. 10827 of 1999. While disposing of the said writ application on 23-8-2002, this Court directed that on conclusion of the departmental proceedings or the criminal proceedings, the State would be entitled to pass appropriate orders in accordance with law irrespective of grant of retiral benefits to the petitioner. This Court also directed/observed that it is expected that the departmental proceedings shall be concluded in accordance with law at an early date preferably within six months. The said order was challenged by the State of Bihar in L.P.A. No. 1193 of 2002 but the Division Bench refused to interfere in the matter, thereafter the impugned order dated 22-2-2003, contained in Annexure-1, was issued.