BISHNU DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner is aggrieved by the order of punishment dated 6.9.2004 bearing memo no. 687 at Annexure -9. The impugned order visits him with the punishment of stoppage of his entire pension and gratuity permanently under R. 43(b) of the Bihar Pension Rules and that nothing beyond subsistence allowance shall be payable for the period of suspension. The petitioner, who was an Executive Engineer, was transferred on 30.6.1999 to the Irrigation Division Kataharatand, Camp Batia (Jamui) and was handed over charge as such on 24.7.1999. Earlier M/S Gammon India Ltd., a private firm was awarded and was executing the construction of a Masonry Dam over river Barnar near Batia. The company could not complete the work in time with both sides blaming each other. The contract was rescinded. The bank guarantee given by the company for 95.93 lacs lapsed. Money Suit No. 114 of 1997 was then filed by the Department in the Civil Court at Patna for recovery of the secured advance of Rs. 121.95 lacs. A settlement meeting led to the submission of a fresh bank guarantee by M/S Gammon India Ltd. of the value of Rs. 2,30,22,436/ - to the Department inclusive of secured advance and interest. This bank guarantee also lapsed on 3.6.2000 during the petitioner 'stenure as Executive Engineer. The present controversy arises therefrom. 18/4/2014 Page 138

(3.) THE petitioner was placed under suspension on 26.7.2000 on charges of irregularities and causing financial loss to the Government for having failed to ensure renewal or invocation of the bank guarantee in time. Departmental proceedings were initiated against him under R. 55 of the Civil Services (Classification, Control and Appeal) Rules, 1986. Memo of charges were served on him on 10.8.2000. The petitioner submitted his reply in defence. The enquiry was concluded finding him guilty. A second show cause notice was given to which he replied when the final order of punishment came to be passed.