ANDRIKA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As in both the writ petitions the question involved is common, with consent of the parties, they have been heard together and are being disposed of by this common order.

(2.) The grievance of the Petitioner is that he has been kept denied of the pensionary benefits except 90% of his pension which was provisionally granted despite his retirement on 30th November, 1997 while posted as Junior Selection Grade Assistant in Patna Collectorate, The other grievance of the Petitioner is that the so-called departmental proceeding initiated against him while he was in service be not permitted to continue any further.

(3.) In short, the relevant facts are that on 16.8.1993 a show cause was asked for from the Petitioner with respect to the charges relating to the year 1990 while he was posted as Nazir at Masaurhi Anchal as certain discrepancies were found in the Bank account of the Anchal. The Petitioner filed his show cause in which he asserted that the said discrepancies were during the period of his predecessor in office and that he had no connection with the same. Thereafter his predecessor was also served with a show cause notice and finally after holding preliminary enquiry charges were framed against both in the year 1995. The departmental enquiry was held and a report was submitted in the year 1996 i.e., much before the superannuation of the Petitioner, yet no final order was passed. It is submitted that the final order could not be passed as the enquiry officer has found that in the absence of audit report it was difficult to hold any person responsible for the discrepancies. However, admittedly, no final Order was passed till the Petitioner was allowed to superannuate on 31.11.1997.