ABDUL RAFIQUE Vs. CHAIRMAN, BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Mr. Gopal Govind Mishra for the petitioner, and Mr. Piyush Lal for the Bihar State Electricity Board. The petitioner was in the services of the Bihar State Electricity Board and superannuated with effect from 31.1.2005 while posted as Accountant in the Electric Supply Division, Dalsingsarai, Samastipur, under Mithila Area Electrical Board, Darbhanga. The petitioner has preferred the present writ petition stating therein that a portion of his post retirement benefits have not been paid to him. It is also stated in the pleadings of the petitioner that a departmental proceeding was initiated against him while he was in service which remain pending till date.

(2.) THE Board has placed on record its supplementary counter affidavit wherein it is stated that the departmental proceeding was concluded long ago, wherein he was found guilty of having committed gross irregularities in billing of M/s Suprabhat Steel by allowing adjustment without approval of competent authority. By Board 'soffice order no. 1685, dated 17.4.1999, the petitioner was awarded punishment of censure and withholding of two annual increments with cumulative effect.

(3.) IT appears to me on a perusal of the materials on record that according to the petitioner, a major portion of the post - retirement benefits have already been paid and minor grievances survive. In that view of the matter, it will be open to the petitioner to file a civil suit in a court of competent jurisdiction for realisation of money claims.