BINDA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is barred by limitation.

(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisied that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

(3.) THE necessary facts leading to the filing of the present appeal are that the appellant was an employee of the Board and was working as Store Keeper. In 1993 he was posted at Bettiah and thereafter he was transferred to Khagaul in Grid Maintenance Sub -division. The apellant retired on 30th November, 1997. Thereafter his 10% pension, full gratuity and unutilised leave salary was withheld by the Board. The appellant came to this Court in CWJC no. 2970 of 1999 and challenged the aforesaid decision of the Board. The Board took the stand that the appellant was in unauthorised occupation of the land of the Board. This Court having taken note of the fact that no proceeding at that time was pending against the appellant directed for payment of retiral dues and that order was upheld in Letters Patent Appeal being LPA No. 1472 of 1999 which was dismissed on 31.7.2000. Thereafter, the Board initiated a proceeding under rule 43(b) of the Bihar Pension Rules, which as stated above has been adopted by the Board, on the allegation that the appellant was in unauthorised occupation of 0.50 Acres of land of the Board in the town of Bettiah which is misconduct in terms of the standing order of the Board. The inquiry was entrusted to the officer other than the disciplinary authority. Notice was issued to the appellant by the Inquiry officer but he did not appear. The Inquiry Officer submitted his report that the charges have been proved and thereafter second show cause notice was issued proposing withholding of pension. Even then the appellant did not reply to the notice and thereafter the Board passed the impugned order fixing his pension as a NIL with effect from 5.7.2001.