BIHAR STATE ELECTRICITY BOARD Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard, learned counsel for the appellants and learned counsel for the respondents.

(2.) The instant letters patent appeal has been listed before this Court on remand by the Hon'ble Supreme Court in terms of order dated 18.07.2011 passed in Civil Appeal No. 5789 of 2011 setting aside the judgment dated 19.08.2010 in L.P.A. No. 125 of 2010.

(3.) The original writ petitioner Sant Lal Sahni preferred a writ application bearing W.P. (S) No. 1952 of 2003 before this Court against the Resolution dated 26.08.2000, whereby a penalty of censure was entered in his service book in the year 1999-2000 besides withholding of one annual increment as also against the resolution of the Bihar State Electricity Board dated 13.12.2002 (Annexure-7), whereby a decision was taken for recovery of amount received by the petitioner paid as salary for the period from 01.02.1999 to 15.09.2000 in one installment from his gratuity and also to deduct 5% of his pension, as the writ petitioner had unlawfully remained in service and committed forgery with the Board. The Writ Court vide order dated 09.12.2009 allowed the writ petition and quashed the resolution dated 13.12.2002.