LAWLESH SHARMA Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner, in the instant case, is a retired employee of the Jharkhand State Electricity Board. He was working as Account Assistant. The grievance of the petitioner to move the present writ application is the order dated 13th March, 2008 issued by Director Personnel vide Annexure-2 contained in Memo No. 479 by which 10% pension, entire amount of gratuity and leave encashment have been withheld. However, the further grievance of the petitioner is on account of letter dated 23rd June, 2010 issued by the Director of Accounts, whereunder a sum of Rs. 1,38,670.70 has been deducted from the gratuity of the petitioner vide Annexure-9.

(2.) The petitioner had earlier moved this Court in W.P. (S) No. 6274 of 2006, for seeking a direction upon the respondents to pay all retiral dues after he had retired on 31st December, 2005, while working as Account Assistant in Jharkhand State Electricity Board. During the pendency of the said writ application, the amount of G.P.F. to the tune of Rs. 4,40,170.10 and certain amount towards G.S.S. had been paid to the petitioner, but other retiral benefits such as leave encashment, gratuity and 10% pension had not been paid to the petitioner. In such circumstances, the writ petition was disposed of with liberty to the petitioner to approach the competent authority with fresh representation who, in turn, was directed to pass an order in accordance with law within the stipulated period vide judgment dated 29th June, 2007 (Annexure-1). Thereafter, the impugned order was passed on 13th March, 2008. The order dated 27th December, 2008 was also passed by the Director Personnel, in the nature of punishment for withholding 10% pension and also for recovery of loss of revenue of a sum of Rs. 1,38,670.70 from the gratuity amount payable to the petitioner.

(3.) The petitioner thereafter was again asked to show cause against the proposed punishment vide Annexure-4 dated 18th February, 2009, which he replied vide Annexure-5 and thereafter the order for deduction of the amount of Rs. 1,38,670.70 from his outstanding gratuity amount was passed vide Annexure-9 dated 23rd June, 2010 which is also impugned herein.