LAWS(JHAR)-2009-7-61

BHUBNESHWAR MANDAL Vs. BIHAR STATE ELECTRICITY BOARD

Decided On July 23, 2009
BHUBNESHWAR MANDAL Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the Parties.

(2.) THE prayer of the petitioner, in this writ petition, is to quash the order dated 12/05/2001, (Annexure -10), passed by the Secretary, Bihar State Electricity Board alongwith that part of the resolution/order dated 16/07/2001 (Annexure -11), whereby the excess amount of pay and other allowances drawn by the petitioner beyond 31/01/1991, has been ordered to be adjusted from the amount dues as post retiral benefits.

(3.) THE respondents Board by an office order dated 12/05/2001, contained in Annexure -10 to this writ petition, finally disposed of the representation of the petitioner rejecting his prayer to drop the departmental proceeding. However, subsequently, the said order was modified by resolution dated 16/07/2001, contained in Annexure -11 to this writ petition, wherein it was mentioned that the Board has decided to take a lenient view of the matter by closing the matter and decided to recover the excess amount of pay and other allowances drawn by the petitioner beyond 31/01/1999, i.e. due date of his retirement, which has been challenged by the petitioner in this writ petition.