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2004 Supreme(Pat) 52

SACHCHIDANAND JHA, B.N.P.SINGH
Janak Prasad Singh – Appellant
Versus
Bihar State Electricity Board – Respondent


Judgment

Sachcchidanand Jha and B.N.P.Singh JJ.

1. This writ petition has been filed by the sole petitioner for a direction to pay him the amount of unutilised leave salary, gratuity under the Payment of Gratuity Act, 1972 and compassionate allowance under Rule 46 of the Bihar Pension Rules without prejudice to his claim for further pension.

2. The case of the petitioner, shortly stated, is as follows. The petitioner joined the Bihar State Electricity Board (in short, the Board) as Engineer Assistant in 1963 and was posted at Patratu Thermal Power Station. In course of time, he was promoted as Electrical Assistant Engineer and thereafter Electrical Executive Engineer in 1966 and 1982 respectively and posted at different places. During his tenure as Electrical Executive Engineer at Begusarai on 7.10.1993 he was placed under suspension on charges, in the proceedings, initially, he was sought to be punished without giving him copy of the enquiry report and opportunity to file show cause. Finally, pursuant to the order of this Court in CWJC No. 11751/95 on 8.11.1996 he was given show cause notice along with copy of the enquiry report. The show cause submitted by the petitioner was not a
















































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