SUDHIR KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Surviving defects are ignored. In view of the stand reflected in the affidavit of the Respondent, Water Resources Department, Government of Jharkhand, State of Bihar through the Principal Secretary, Water Resources Department appears to be necessary party as concerned records relating to the departmental proceeding initiated against the petitioner vide memo no. 164 dated 03.05.1994 have not been supplied to the authorities of the State of Jharkhand despite correspondence and reminder made by them. Accordingly, the State of Bihar through the Principal Secretary, Water Resources Department be impleaded as Respondent no.6 in the instant writ petition. Let such addition be carried out by learned counsel for the petitioner during course of the day in red ink. Mr. S.P.Roy, learned Government Advocate, State of Bihar accepts notice on behalf of newly added respondent.

(2.) Heard learned counsel for the petitioner, State of Jharkhand, Accountant General, Jharkhand and the newly added State of Bihar.

(3.) Petitioner superannuated on 31.12.2016 from the post of Assistant Engineer under the office of Executive Engineer, Water Resources Division, Panki, Daltonganj. He came into service on 31.01.1979 as Junior Engineer in Ganga Pump Canal Division, Chousa, Buxer. He faced departmental proceeding for alleged charges for defalcation of money for the period 1983- 84 while he was posted at Buxer vide memo dated 005.1994 for 4 distinct charges. Petitioner has enclosed the report of the Inquiry Officer dated 08.01995 at Annexure-4, which according to him exonerated him of all the 4 charges. The suspension order was revoked by order dated 201.1999 bearing memo no. 1198 issued by the Deputy Secretary, Water Resources Department, Government of Bihar (Annexure-6). However, it contained the stipulation that decision relating to his period of suspension would be dependent upon the outcome of the departmental proceeding. Thereafter, according to the petitioner, departmental proceeding remained pending, the fate of which is not known to him also since he got allocated to the State of Jharkhand in September 2004 pursuant to the bifurcation of the State of Bihar. After his allocation to Jharkhand he was posted at Baraj Division, Galudih, Ghatshila. Thereafter he got the benefit of 1st and 2nd A.C.P w.e.f. 09.08.1999 and 31.01.20003 respectively vide memo no. 234 dated 11.11.2006 (Annexure-7). He also got regular promotion to the post of Assistant Engineer vide memo no. 2005 dated 20.04.2011 (Annexure-8). He has also been granted 3rd M.A.C.P benefit vide memo no.2886 dated 19.10.2011 w.e.f 31.01.2009. As such, it is evident that his services have been treated as regular. After retirement, though he completed all formalities for payment of post retirement dues and also submitted representation before the Secretary, Water Resources Department, Government of Jharkhand vide Annexure-10, however only 90% gratuity and provisional pension was sanctioned and remaining 10% gratuity, leave encashment of 300 days have not been paid. Therefore, he has approached this Court seeking release of retiral benefits i.e., final pension, 10% gratuity, leave encashment of 300 days and full salary for the period of suspension.