SUKHDEO RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application was initially preferred by the petitioner for acceptance of his joining given on 8th September, 1997, the date on which he was released from custody and payment of subsistence allowance for the period from 19th April 94 to 8th September 97, as also arrears of salary from 8th September' 97 onwards.

(2.) DURING the pendency of the writ petition, the petitioner superannuated on 31st May, 2000. Thereafter, the Respondent -Superintending Engineer, P.H.E. Circle, Hazaribagh issued an Order No. 46 dated 17th October, 2000 punishing the petitioner with order to recover a sum of Rs. 1,49,747.83 p. from his pension, Gratuity and Leave Encashment and ordered that the petitioner will be entitled for subsistence allowance for the period of suspension, the said period will be counted towards pension etc. The aforesaid order of punishment dated 17th October, 2000 has been assailed by the petitioner by filing a petitioner for amendment.

(3.) THE petitioner while posted as Senior Accounts Clerk in the Office of Executive Engineer. P.H.E. Division, Ramgarh, a criminal case was lodged on 17th January, 1994 and he was taken in custody on 19th January, 1994. The Respondents placed the petitioner under suspension from the date he was taken in custody (19th January, 1994) and after trial, in G.R. Case No. 146/94, the petitioner was convicted under section 409 I.P.C. and sentenced for three years imprisonment with fine.