RADHA KRISHNA PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is an employee of the Bihar State Electricity Board. While posted as Accounts Clerk in the Bihar Electric Supply Subdivision he was allotted a residential quarter at Bihta. On 4.3.1973 he was transferred from Bihta to Rajgir. Even after the transfer he retained his quarter at Bihta and continued in its occupation till 14.7.1992. On 16.7.1992 a disciplinary proceeding was initiated against him on the charge of gross indiscipline for keeping the Board 'squarter at Bihta in his unauthorised occupation for about 19 years.

(2.) ONE of the defences taken by the petitioner in the disciplinary proceeding was that his occupation of the quarter at Bihta could not be said to be unauthorised as house rent was regularly deducted from his monthly salary and the occupation not being unauthorised it could not be described as an act of indiscipline and it could not, therefore constitute any misconduct.

(3.) PURSUANT to the direction of this court the departmental proceeding was concluded and an order was issued awarding the petitioner two punishments namely recovery of penal rent of the quarter for the period of its unauthorised occupation by the petitioner and withholding of two annual increments with cumultive effect.