DEO MUNI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was the Executive Engineer in the Road Construction Department. A proceeding was initiated against him. While the proceeding was pending he retired on 31.1.1988. Since pensionary benefits were not paid the appellant filed C.W.J.C. No. 4831 of 1993. The said writ petition was disposed of on 23.6.1994 directing the respondents to conclude the departmental proceedings in terms of the proviso to Rule 43. of the Bihar Pension Rules within a period of four months from the date of receipt of a copy of the order subject to the condition that the petitioner must co -operate with the concerned authority.

(2.) THE proceeding was concluded and it was recorded in the order that the service record of the appellant was not satisfactory and on this finding the appellant was paid only 90% of the pension and its 10% was withheld. Order was also passed for recovery of some amount from the appellant. The appellant challenged the said order in C.W.J.C No. 6344 of 1995. The aforesaid writ petition was partly allowed on 26.4.1996. However, it was kept open for the State Government to recover a sum of Rs. 15,000/ - from the amount payable towards gratuity of the petitioner. The appellant has filed this Letters Patent Appeal against the aforesaid order.

(3.) IT appears from the order impugned itself that the appellant himself filed the writ petition and a direction was given to conclude the proceeding and the appellant was directed to co -operate in the proceeding so that the proceeding be concluded within the time indicated by the Court. The submission of learned counsel that no notice was issued does not appear to be reasonable because of the fact that the appellant on knowing the result of the writ petition himself should have approached the authority for early disposal of his grievance but it appears that the appellant did not make such an attempt and now he is making an allegation that he was not heard. No document has been brought on the record to show that he filed an application to the aforesaid effect and his grievance of hearing was denied. In such a situation, we do not find anything wrong in the order to interfere with it.