JAI BALLABH MULLIC Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This application has been filed for quashing the order dated 13-3-1999 (Annexure-1) whereby the petitioner has been visited with the penalty of compulsory retirement from the Board's service and recovery of 20% amount from the retiral benefits. By the said order, it has also been decided that the petitioner shall not be entitled for any other monetary benefits other than the subsistence allowance but the period of suspension shall be treated as service spent on duty for the purpose of retiral benefits. Further prayer of the petitioner is to quash the enquiry report dated 4-2-1999.

(2.) Facts which are necessary for the decision of the present writ application are that during the relevant time petitioner was posted as Accounts Assistant in the Rural Electrical Division, Darbhanga. Consequent upon the reorganisation of Rural Electrical Circle/Division/Sub-Division, the petitioner by order dated 24-5-1988 (Annexure-4), was transferred to Darbhanga Electrical Circle Darbhanga. By the said order, beside the petitioner, other workmen were also transferred. While the petitioner was working as Accounts Assistant, Revenue in Darbhanga Electrical Circle, on retirement of one Niranjan Prasad Sinha who was Accountant, Establishment, the latter was asked to handover the charge to the petitioner. It is the stand of the petitioner that he took the charge of the post of Accounts Assistant, Establishment very reluctantly. While the petitioner was posted as such, a criminal case i.e. Lalit Narain Mishra University P.S. Case No. 132 of 1995 was registered for defalcation of the amount of the Bihar State Electricity Board, hereinafter referred to as the Board, and the petitioner's name did not figure in the first information report. Lateron, by order dated 1-4-1997 (Annexure-6), the petitioner was put under suspension as the was found prima facie guilty of the charge of defalcation of Board's money fraudulently as also for dereliction of duty which in the opinion of the respondents Board is a misconduct under Clause 29-B(c) of the Certified Standing Order, namely, Bihar State Electricity Board Patna Standing Order, hereinafter referred to as the Standing Order.

(3.) Petitioner challenged the order of suspension by filing a writ application before this Court which was registered as CWJC No. 9114 of 1997 (Jai Ballabh Mallick v. The State of Bihar and Ors.). Before the aforesaid writ application could be finally disposed of petitioner was served with the memo of charge dated 7-4-1998. When the writ application was taken upon 16-11-1998, this Court taking into account the fact that the departmental proceeding has been initiated and the petitioner has been served with the charges and submitted his reply also, disposed of the writ application with a direction to the respondents to conclude the departmental proceeding within three months. In the departmental proceeding, five charges were levelled and the enquiry officer, in its report dated 4-2-1999 held the petitioner guilty of all the charges but held that charge No. 4 has not been proved. On receipt of the enquiry report, the disciplinary authority gave second show cause notice dated 15-2-1999 (Annexure-3) against the proposed punishment. The petitioner filed its reply and on consideration of the same, the disciplinary authority passed the impugned order.