KAMESHWAR MISHRA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 10.9.1999 (Annexure -13) whereby the petitioner has been visited with the penalty of compulsory retirement w.e.f. 17.4.1996.

(2.) SHORT facts giving rise to the present application are that while the petitioner was working as an Accounts Assistant at Transmission Division, Muzaffarpur, on the ground of charge of assault to the Assistant Executive Engineer, the respondent Bihar State Electricity Board, hereinafter referred to as the Board by order dated 17.4.1996 dismissed him from the service. Against the said order, he preferred C.W.J.C. No. 6593 of 1996 and this Court, by order dated 17.1.1997 quashed the order of dismissal and directed the Board to pass fresh order bearing in mind the observation made by it. While setting aside the order of dismissal, this Court had observed that the penalty of dismissal from service is disproportionate to the gravity of allegation. As directed, the Board decided the matter and again passed order of dismissal of the petitioner from service by order dated 6.5.1998. The petitioner challenged the said order before this Court in C.W.J.C. No. 2181 of 1999 and again, this Court quashed the order of dismissal and remitted the matter back for reconsideration of its order dated 7.4.1999. In the light of aforesaid order, the case of the petitioner was con - sidered by the Board in its meeting held on 30th of July, 1999 and it inflicted penalty of compulsory retirement. After the said order, petitioner submitted his pension paper for grant of pension which was sanctioned and is being paid to him regularly. The petitioner has chosen to file this application on 23.10.2003.

(3.) MR . R.K. Dutta, appearing on behalf of the respondent Board, however, submits that the writ application suffers from delay and laches and the petitioner having accepted the decision of the Board inflicting punishment of compulsory retirement, same is not fit to be interfered with by this Court in exercise of its writ jurisdiction.