BIHAR STATE ELECTRICITY BOARD Vs. DEO LAGNA DEVI

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the respondent-Bihar State Electricity Board, (now South Bihar Power Distribution Company Limited) (hereinafter referred to as 'the Board') against the judgment and order dated 29th October 2010 passed by the learned Single Judge in CWJC No. 704 of 2004.

(2.) The above CWJC No. 704 of 2004 was filed by one Paras Nath Dubey, a retired employee of the Board, against the order dated 5th May 2003 made by the Board withholding 5% of the pension, and the order dated 28th August 2003 made by the Financial Controller to recover a sum of Rs.80,600.00 being the amount of advance received by the petitioner for distribution and maintenance work while he was in service and had not accounted for and a sum of Rs.6,663.70 being the amount of excess pay. According to the petitioner, the order of withholding the pension as well as the order of recovery was vitiated having been made in contravention of the rules. Although the enquiry officer had recorded finding in favour of the petitioner, the disciplinary authority did not afford opportunity of hearing in respect of finding of guilt recorded by it. The order of withholding of 5% of pension was not commensurate to the guilt proved against the petitioner.

(3.) The Writ Petition was contested by the Board. The Board filed counter affidavit. According to the Board, the Board has adopted the Bihar Pension Rules, 1950 (hereinafter referred to as the 'Pension Rules') for application to its employees. In view of rule 43(b) of the Pension Rules, the Board has the authority to withhold the pension of a pensioner if he is found guilty of misconduct in a disciplinary proceeding. The Board also has the power to recover the amount of loss suffered by the Board from the terminal dues of a pensioner.