ARJUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) Petitioner has approached this Court with a prayer for quashing the order as contained in Memo No. 6385, dated 30.12.2015 whereby and whereunder petitioner has been imposed punishment of withholding 10% of his pension permanently. Petitioner has further prayed for a direction upon the respondents to pay forthwith the benefits of 1st and 2nd Assured Career Progression Scheme and after fixation of the benefits on the basis of such Scheme, to pay the petitioner differences of retiral benefits.

(3.) The factual exposition as has been delineated in the instant writ petition is that petitioner was initially appointed as an Assistant Engineer in Irrigation Department on 06.02.1979 and posted as an Assistant Engineer, Swarnrekha Canal Division, Jamshedpur. On 12.08.1988, the than Executive Engineer cancelled the agreement executed in favour of M/s. Kalsi & Sons relating to earth work. Thereafter, on 24.09.1988, the petitioner was relieved from the said Division. Thereafter, on 30.03.1989, the then Chief Engineer allotted the balance work for its execution to Alok Coal Agency and on 04.05.1989, the said Agency was paid a sum of Rs.2,70,000/- as mobilization advance and further a sum of Rs.5.70 lacs as advance amount on 18.09.1989. Thereafter, on 22.09.1989, final measurement was taken by the Executive Engineer without following the direction delivered by the Chief Engineer and Superintending Engineer and himself cancelled the Measurement on 01.12.1990. On 31.10.1991, the Water Resources Department, Bihar placed the petitioner under suspension. By Resolution issued under Memo No. 2495, dated 25.11.1991, the Water Resources Department of the Government of Bihar, issued a Chargesheet against the petitioner in respect of the period 1988 89 alleging inter alia therein that he was found to be prima facie involved in making excess payment to the Contractor and thereby, by an order dated 25.01.2000, petitioner was discharged from the service. However, both the orders i.e. the order of suspension dated 31.10.1991 and the order of discharge from the service dated 25.01.2000, had been set aside vide order dated 24.08.2001, passed in C.W.J.C. No. 70 of 2000 (R) with a direction to pay full salary to the petitioner. Petitioner, thereafter, took charge of the post on 23.01.2002.