PARMATMA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing the order issued vide memo no. 884 dated 30.07.2013 by which a sum of Rs. 3,47,630/- has been ordered to be deducted from the amount of gratuity of the petitioner with condition that if gratuity has already been paid then the said amount will be deducted at the rate of 20% from his pension amount upto 10 years; and for connected reliefs.

(3.) The short facts of the case according to the petitioner are that he was initially appointed on the post of Junior Engineer and joined on 02.03.1979 in Master Planning Division, Water Resources Department at Dumka. The petitioner finally retired as Junior Engineer from Rural Work Division 3, Saran, Chapra on 31.10.2008. During his posting at Chapra, he joined as Junior Engineer on deputation in Nagar Panchayat, Dighwara where certain charges were levelled against him in connection with irregularities in the work of Nagar Panchayat, and a team headed by the Sub-divisional Officer conducted enquiry and submitted an enquiry report dated 03.10.2006 and an FIR was instituted against the petitioner and others leading to a departmental proceeding against him. The article of charges and show cause notice were given to the petitioner specifically indicating that being the In-charge of the work, it was the petitioner's duty to verify the maintenance register of muster roll. The petitioner replied to the notice on 01.02.2010. A second show cause notice was also given to the petitioner to which he submitted his reply on 05.06.2013 refuting the charges against him. The disciplinary authority, however, by the impugned order dated 30.07.2013 held the petitioner guilty of three charges (Ka), (Kha) and (Ga) of the charge report and directed recovery of the amount of Rs. 3,47,630/- from the petitioner.