MOHAMMAD IBRAR AHMAD SON OF LATE MUKARRMUL HAQUE Vs. STATE OF BIHAR THROUGH SECRETARY, ROAD CONSTRUCTION DEPARTMENT

JUDGEMENT

(1.) MIHIR Kumar Jha, J.

(2.) HEARD counsel for the petitioner and counsel for the State. Initially when this writ petition was filed on 29.4.2003, a prayer was made to quash the order of suspension dated 4.8.1999 issued by the Joint Secretary, Road Construction Department, Bihar, Patna subsequently by I.A. No. 3132 of 2003 filed on 28.7.2003, the petitioner has also sought leave to assail the order of punishment dated 30.5.2003 issued under the penal signature of Engineer -in -Chief, Road Construction Department, Patna whereby and whereunder the petitioner had been dismissed from service as also subjected to recovery of Rs. 95,266/ - and Rs. 90,500/ - for the loss caused to the State exchequer by way of cost of bitumen and charges for road roller respectively.

(3.) COUNSEL for the petitioner submits that the order of punishment cannot be sustained inasmuch as the enquiry officer had not found any of the charges framed against the petitioner to have been proved. He also submits that the disciplinary authority could not have inflicted such punishment against the petitioner without differing with the report of enquiry officer. Counsel also submits that the order of dismissal allegedly passed on 30th May, 2003 did not come into force till the date of retirement of the petitioner as the same was never served on him in the active period of his service till 31.5.2003 when he had retired from the service while continuing under the orders of suspension dated 4.8.1999. Counsel summed up his submission by taking a plea that the order of dismissal from service dated 30.5.2003 was actually served on him sometime in June 2003 and therefore now even if there be any justification to continue with such enquiry in terms of Rule 43(b) of Bihar Pension Rules, the same should not be permitted by this Court keeping in view that the petitioner is a retired man who stands deprived of his salary, emolument and pensionary benefits for the period of 10 years.