LAWS(JHAR)-2011-1-59

JHARKHAND STATE ELECTRICITY Vs. BHUWANESHWAR MONDAL

Decided On January 14, 2011
Jharkhand State Electricity Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) The facts giving rise to this application seeking review of the judgment and Order dated 23.07.2009 may be summarized as follows. An order dated 12.05.2001 was passed by the Secretary, Bihar State Electricity Board (hereinafter referred to as 'BSEB' for short), whereby certain payments made to the writ-Petitioner by way of pay and allowances were sought to be recovered from him on the ground that they were paid in excess of what was due. These excess payments had been ordered to be adjusted from the writ-Petitioner's post retirement dues. W.P.(S) No. 2792 of 2003 was filed by the writ Petitioner challenging that order dated 12.05.2001.

(2.) The writ petition was allowed by the final judgment dated 23.07.2009 after hearing both, the Jharkhand State Electricity Board (hereinafter referred to as 'JSEB' for short), and BSEB. The direction for recovery of the alleged excess payment was quashed, and it was further directed that the post retirement dues should be released/paid to the Petitioner by JSEB within eight weeks of the judgment.

(3.) The amounts were not paid and therefore a civil contempt case has been filed against the JSEB and its officers only (and not against BSEB or its officers), being Contempt Case (Civil) No. 771 of 2009, which is pending.