The main legal point established in the judgment is the statutory right to pension, the impact of Rule 43(b) of the Bihar Pension Rules, and the need for completion of proceedings within a reasonable time.

R.M.Prasad, J.

1. In this writ application, the petitioner, who retired as Chief Engineer while posted at the headquarters of the Bihar State Electricity Board, Patna (hereinafter referred to as the Boards) on 31-3-1997, is aggrieved on account of non-release of his 10% pension, gratuity and leave encashment. He was, however, paid 90% of pension and the amount of GPF.

2. In short, the relevant facts of the case are that the petitioner was initially appointed as Assistant Electrical Engineer in the service of the Board on 1-4-1960 and later promoted to the post of Electrical Executive Engineer on 1-7-1968 and thereafter, to the post of Electrical Superintending Engineer on 20-8-1982 and ultimately he superannuated on 31-3-1997 while holding the post of Chief Engineer.

3. While the petitioner was posted as General Manager-cum-Chief Engineer, Barauni Thermal Power Station, Barauni (Muzaffarpur Thermal Power Station Kanti, Muzaffarpur), he was prima facie found guilty of gross misconduct/irregularities in the matter of purchase of plain water in the name of Chemical Additive from Jitan V/s. Company, New Delhi, and a departmental proceeding was initiated against him, vide Boards Resolution No. 761 dated 25-4-1996, contained in Annexure 1. The petitioner was asked to submit his show cause within a fortnigh of the issue of the said resolution to Sri G.N. Rai Yadav, Member (Tech.) of the Board, who was appointed as enquiry officer and was requested to submit his findings along with the relevant case records to the Board within three months. The petitioner was placed under suspension with immediate effect, vide Boards Office Order No. 3740 dated 2-8-1996, contained in Annexure 2, without prejudice to the departmental proceeding already drawn up against him. During the period of suspection he was allowed to draw only the subsistence allowance. The petitioner was also made an accused in Vigilance Case No. 11/96 in connection with the aforesaid charge under Secs. 468, 420, 201, 409 and 120-B of the Indian Penal Code, 1860 as also under Secs. 13 (i) and 13 (ii) of the Prevention of Corruption Act, 1988.

4. According to the petitioner, the charge in question relates to the period in between the dates 4-12-1991 to 17-3-1992 while the petitioner was posted at Barauni Thermal Power Station. The petitioner submitted his written statement of defence before the enquiry officer, but the departmental enquiry has not been concluded uptill now. The petitioner superannuated on 31-3-1997 while posted as Chief Engineer. Thereafter, the petitioner, vide Boards letter, bearing Memo No. 484 dated 9-4-1997, was communicated that he was released from suspension with effect from 31-3-1997, the day he superannuated, without prejudice to the departmental proceeding drawn up against him and what the decision as to how the period of suspension is to be treated would be taken after submission of finding by the enquiry officer and result of the criminal case.

5. According to the case of the petitioner, in exercise of the power contained in sec. 79-C of the Indian Electricity (Supply) Act, 1948, the Board framed 1976 Regulation to have Common Service Rules for all of its employees. Regulation 2 (xxii) defines gratuity and it means the lumpsum amount payable as one of the terminal benefits to employees retiring from the service of the Board on the basis of the length of qualifying service. It is stated that Regulation 77 stipulates that gratuity shall be paid to the employee in accordance with any Statute or separate Rules/ Regulations governing payment of pension and gratuity framed by the Board provided that the gratuity shall be payable after an employee has rendered five years of satisfactory service whether in permanent temporary or work charge establishment subject to the maximum fixed under the Rules/Regulations, referred to above, except when an employee has been dismissed from service after departmental proceedings or removed from service on the grou