CHANDRA DEO SHARMA SON OF LATE SHIBJEE SHARMA Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) The petitioner retired on 31st December, 2002 from the post of Headmaster, Middle School, Sarhar, P.S.- Pandarak, DistrictPatna. The present writ petition has been filed for issuance of direction to the respondents to pay 18% compound interest on the delayed payment of retiral benefits of the petitioner and the arrears of General Provident Fund amount with effect from 22.12.1966 to 30.11.1976.

(2.) The short facts of the case are that while the petitioner was in service, in a disciplinary proceeding initiated against him, an order of dismissal was passed on 17th July, 1999 by the District Superintendent of Education, Patna. Being aggrieved by the order of dismissal, an appeal was preferred by the petitioner before the Divisional Commissioner, Patna, vide Service Appeal Case No.38 of 2001, which was also dismissed by the Divisional Commissioner, Patna, vide order dated 14th June, 2005 and the order of dismissal passed by the District Superintendent of Education, Patna was affirmed. Being aggrieved by the appellate order as also the original order of dismissal, the petitioner filed a writ petition before this Court, vide CWJC No.903 of 2006. By order dated 8th January, 2008 passed in CWJC No.903 of 2006, the impugned orders passed by the District Superintendent of Education, Patna and the Divisional Commissioner, Patna, were quashed. However, the respondent-authorities were directed to hold fresh enquiry by giving adequate opportunity to the petitioner. Since by that date, the petitioner had crossed the age of superannuation, no direction was given for reinstatement of his service but payment of salary and other consequential benefits to the petitioner were made subject to final order in the departmental proceeding. It was also directed that if charges are not proved, the petitioner will be entitled for his pension and other consequential benefits. Thereafter, the petitioner filed a review petition, vide Civil Review No.49 of 2008 for reviewing the aforesaid order dated 8.1.2008 passed in CWJC No.903 of 2006. The review of the order passed in the writ petition was sought for on the ground that since payment of salary and other consequential benefits were ordered to be made subject to final order passed in the departmental proceeding, the pensionary benefits were not being paid to the petitioner even though dismissal order had been quashed. The review application of the petitioner was disposed of by this Court observing that if the charges are not proved, the petitioner will be entitled for his pension and other pensionary benefits. It was also observed that in case the departmental proceeding is not concluded within three months inspite of the petitioner s full co-operation, he may claim his pension and other pensionary benefits.

(3.) Pursuant to the order passed in the aforesaid writ petition and the review application, the respondents proceeded with the disciplinary enquiry conducted against the petitioner for defalcation of government money. On completion of enquiry, the enquiry officer submitted his report that the charges made against the petitioner could not be proved. On receipt of the enquiry report, in view of the fact that in Civil Review No.49 of 2008 this Court had directed to conclude the disciplinary proceeding within three months, the disciplinary authority closed the proceeding of the case and directed for payment of arrears of salary and pensionary benefits to the petitioner, vide memo no.1047 dated 17th February, 2010 as contained in annexue-1 to the present writ petition. Operative part of the order passed by the disciplinary authority is as under: