NAND KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for the following reliefs: 1) For an appropriate writ in the nature of Certiorari for quashing the order dated 13.3.2002 passed by the Commissioner -cum -Secretary, Department of Labour, Employment and Training, Government of Bihar, Patna whereby and whereunder the punishment has been inflicted upon the petitioner whereby it has been decided that the petitioner will not get his salary for the period 30.10.1999 to 08.12.1999, i.e. for the period in which the petitioner was in custody and further it has been decided that the said period will be treated as a break in his service and a further punishment has been inflicted that 10% of his pension be deducted with cumulative effect, 2) For a further writ of or in the nature of mandamus be issued from this Honble Court directing the concerned respondents to pay the entire retiral benefits of the petitioner forthwith and immediately without giving effect to the order impugned.

(2.) IT appears that the suspension order was withdrawn on 24.10.2001 but the salary for the period of custody was withheld and a departmental proceeding was initiated and memorandum of charge was handed over. The petitioner preferred C.W.J.C. No. 342 of 2001 before this Court and a direction was issued to conclude the departmental proceeding within three months. On 26.4.2001 the petitioner was informed by letter dated 3.3.2001 that the departmental proceeding was being converted under Rule 43(B) of the Bihar Pension Rules.

(3.) IN the instant case the departmental proceeding was initiated against the petitioner before his superannuation on 31.1.2001 and after his retirement the same was converted into a proceeding under section 43(B) of the Bihar Pension Rules -1950 which has the provisions to deal with the retired employee against whom the enquiry is pending or even contemplated for the charges of misconduct causing pecuniary loss to the Government or any criminal charge. It is also clear that the criminal case was dropped on technical ground and the petitioner was not honorably discharged. In any case even acquittal in a criminal case does not bar domestice /disciplinary enquiry.