GANGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner, a retired Block De - -velopment Officer. Kursakata Block, has assailed the correctness of the order of punishment dated 19.2.1997 whereby and whereunuer his 10% pension has been permanently withheld.

(2.) It is the case of the petitioner that he retired on 31.12.1992 and on that date no proceeding either departmental or criminal was pending against him. The peti -tioner, however, was even then not paid his full pension and gratuity and other retiral benefits rather on 5.8.1993 he was sanctioned only provisional pension and gratuity. After almost two years the petitioner was given a show cause notice by the State Government vide Memo No. 3(0) -5 -20/91 -786 dated 26.7.1995 seeking an explanation as with regard to his alleged slackness and negligence shown in the construction of Bio -Gas lab as well as in issuance of a incorrect caste certificate, illegal allotment of fund of Indira Awas under th Jawahar Rojgar Yojna and unauthorised withdrawal of provisional pension and gratuity. The petitioner, had also filed his show cause reply on 7.8.1995 as contained in Annexure -5 to the writ application but no decision was taken and communicated to him.

(3.) THE petitioner at that stage had filed a writ appJication, C.W.J. C. No. 4676 of 1996 and this Court by an order dated 17.4.1997 had disposed of the same, directing the respondents to take a final decision in the pending proceeding against the petitioner and pass a final order within one month from the date of receipt/production of a copy of the order. It has however been submitted on behalf of the petitioner that the order dated 17.4.1997 was passed by this Court without filing of any counter -affidavit and as a result thereof the earlier order of punishment passed against the petitioner on 19.2.1997 could not be brought to the notice of this Court. Be that as it may, the petitioner appears to have been not informed of this order dated 17.4.1997 as is also apparent from the order passed in the contempt application, M.J.C. No. 1454 of 1998 disposed of on 20.11.2000 (Annexure -1) when this Court, on being informed that the petitioner had not been served any order dated 19.2.1997 disposing of his earlier proceeding, had directed the Respondents to serve a copy of the said order on him. It is only after the disposal of the contempt application and service of copy of the impugned order dated 19.2.1997, that this writ petition came to be filed on 20.11.2002.