RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State. Also heard learned counsel for the Accountant General.

(2.) THIS application has been filed by the petitioner for a direction to the respondent to make payment of post retiral dues and also for quashing the order dated 11.7.2000 (Annexure -2) and order dated 5.7.2000 (Annexure -2) passed by respondent no. 4. By these two orders the petitioner has been awarded punishment in two departmental proceedings and it has been directed that recovery of defalcated amount should be made from the gratuity amount payable to the petitioner.

(3.) ANOTHER departmental proceeding was also initiated against the petitioner on the basis of a report dated 22.2.1994 by the District Magistrate, Bhojpur, for the charges of unnecessary purchase of spare parts of handpumps in the year 1993 -94. The petitioner participated in the departmental proceeding. The enquiry officer submitted report that no charges were proved against the petitioner. Even then disciplinary authority passed order dated 5.7.2000 rejecting the enquiry report and passed order of punishment to recover Rs. 42,041.16 from the gratuity amount of the petitioner.