LAWS(PAT)-2003-4-76

AWADH BEHARI CHAUDHARY Vs. STATE OF BIHAR

Decided On April 08, 2003
Awadh Behari Chaudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS writ petition is directed against order No. 1492, dated 9.9.1999 (Annexure -1), issued by the respondent authrorities, whereby the petitioners pension has been reduced to 90 per cent on a provisional basis.

(2.) ACCORDING to the writ petition, the petitioner had joined the services of the Bihar State Electricity Board (hereinafter referred to be as the Board) on 9.9.1963 as Engineer Assistant. While on service, he was subjected to a departmental proceeding by resolution No. 2813, dated 27.11.1997 (Annexure -3), whereby it was alleged against him that he had failed to verify the load factor of the consumer while he was posted as Electrical Executive Engineer, Electric Supply Division, Samastipur. After conclusion of the departmental proceeding, the petitioner was visited with the punishment of censure, vide order dated 4.8.1999 (Annexure -5). Not having been challenged, this order has become final.

(3.) THE respondent authorities have placed on record their counter -affidavit, wherein it is stated that the impugned order is provisional in nature, and is in view of the decision that the petitioner is a named accused in vigilance P.S. Case No. 6 of 1997.