SHYAM KISHORE PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State. The petitioner has superannuated from the office of the Executive Engineer, Field Survey Division, Advance Planning Road Construction Department, Gaya on 31.1.2004.

(2.) THIS application has been filed for directing the respondents to make payment of salary for the period 25.10.2000 to 5.6.2002, i.e. the period when the petitioner was under suspension payment of remaining 10% of pension, revised leave encashment, revised gratuity with statutory interest and for calculating the period of suspension for determination of retirement benefits.

(3.) THE petitioner was appointed as Junior Engineer in the year 1973 in Road Construction Department, Govt. of Bihar and posted in Rural Engineering Organization, Gaya, from 31.3.1973 to 31.3.1979. While posted in Rural Engineering Organization, Sherghati, he was placed under suspension vide office order no. 440 dated 25.10.2000 in contemplation of a departmental proceeding. His headquarter was fixed at Patna in the office of the Engineer -in -Chief, Road Construction Department, Bihar, Patna. The departmental proceeding was initiated under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930 vide order dated 7.6.2001, for irregularities committed during 1998 -99, while posted at Sherghati. The Conducting Officer submitted his enquiry report on 26.7.2001 but no order was passed in the departmental proceeding. The suspension of the petitioner was revoked by an order dated 6.6.2002 and he was directed to join in the office of the Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary, Road construction Department, Patna. While working there the petitioner superannuated on 31.1.2004.