GAYA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) -THE petitioner superannuated as Senior Store Keeper in the Bihar State Electricity Board (hereinafter referred to as 'the Board') on 30. 4. 1990 and has questioned the penalty imposed upon him on the conclusion of the departmental proceeding and has prayed for quashing the order dated 30. 4. 1990 communicated to the petitioner vide Memo No. 646 dated 19. 6. 1990 (Annexure-12) as well as Memo no. 1622 dated 18. 9. 1992 (Annexure-16)ordering the recovery of a sum of Rs. 69,071. 79 on account of cost of 29. 389 metric tonnes of 7/14 G. I. Wire with interest from the pension and gratuity payable to the petitioner and so also the Office Order no. 3233 dated 30. 9. 1992 (Annexure-17)sanctioning 50% pension of the petitioner and ordering that the outstanding sum of rs. 1,74,057. 46 be recovered from 50% pension and D. A. relief per month of the petitioner till the liquidation of the outstanding amount, and also for quashing Memo no. 3334 dated 30. 9. 1992 (Annexure-17/1)by which a sum of Rs. 38,500. 00 has been sanctioned to the petitioner as D. C. R. gratuity, which has been adjusted against the dues amounting to Rs. 2,12,577. 46, Rs. 69,071. 79 on account of short material and rs. 1,43,485. 67 on account of interest thereon and also for a direction to the Respondents to provide all due notional promotion benefits including the selection grade pay scale to the petitioner and to pay all arrears including retirement benefits with interest at bank rate to the petitioner.

(2.) FROM the pleadings of the parties and the documents on record, the factual position that emerges is that the petitioner was initially appointed in the Public Health and Engineering Department, Government of Bihar, Patna and joined as Store Superintendent on 1. 4. 1958 in the Board and since, 1. 10. 1962 he discharged his duties on the post of Senior Store Keeper in various electrical Central Stores of the Board at different places and superannuated as Senior store Keeper, Electric Central Stores, Arrah on 30. 4. 1990.

(3.) IN 1966 while the petitioner was working as Senior Store Keeper, Central stores, Muzaffarpur, he was transferred to purnea and handed over the charge of central Stores, Muzaffarpur to Sri Sarbdeshwar prasad, Assistant Store, Keeper, central Stores, Muzaffarpur.