RAVI KUMAR VERMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this writ application, the petitioner, who retired as Chief Engineer while posted at the headquarters of the Bihar State Electricity Board, Patna (hereinafter referred to as the Boards) on 31-3-1997, is aggrieved on account of non-release of his 10% pension, gratuity and leave encashment. He was, however, paid 90% of pension and the amount of GPF.

(2.) In short, the relevant facts of the case are that the petitioner was initially appointed as Assistant Electrical Engineer in the service of the Board on 1-4-1960 and later promoted to the post of Electrical Executive Engineer on 1-7-1968 and thereafter, to the post of Electrical Superintending Engineer on 20-8-1982 and ultimately he superannuated on 31-3-1997 while holding the post of Chief Engineer.

(3.) While the petitioner was posted as General Manager-cum-Chief Engineer, Barauni Thermal Power Station, Barauni (Muzaffarpur Thermal Power Station Kanti, Muzaffarpur), he was prima facie found guilty of gross misconduct/irregularities in the matter of purchase of plain water in the name of Chemical Additive from Jitan v. Company, New Delhi, and a departmental proceeding was initiated against him, vide Board's Resolution No. 761 dated 25-4-1996, contained in Annexure 1. The petitioner was asked to submit his show cause within a fortnigh of the issue of the said resolution to Sri G.N. Rai Yadav, Member (Tech.) of the Board, who was appointed as enquiry officer and was requested to submit his findings along with the relevant case records to the Board within three months. The petitioner was placed under suspension with immediate effect, vide Board's Office Order No. 3740 dated 2-8-1996, contained in Annexure 2, without prejudice to the departmental proceeding already drawn up against him. During the period of suspection he was allowed to draw only the subsistence allowance. The petitioner was also made an accused in Vigilance Case No. 11/96 in connection with the aforesaid charge under Sections 468, 420, 201, 409 and 120-B of the IPC as also under Sections 13 (i) and 13 (ii) of the Prevention of Corruption Act, 1988.