RAJEEV RANJAN PRASAD, J.:–Petitioner in the present case has invoked the writ jurisdiction of this Court for the following reliefs:—

(i) For issuance of writ in the nature of certiorari for quashing of the order passed by the District Magistrate, Darbhanga vide memo no. 104 dated 17.01.2018 whereby the petitioner has been compulsorily retired from service with effect from 30.04.2015 and a direction has been given to recover an amount of Rs. 8,58,068/- from the retiral benefits of the petitioner in lieu of the service received by the petitioner from 01.05.2015 to 03.03.2017.

(ii) For issuance of writ in the nature of certiorari for quashing of the enquiry report submitted by the Enquiry Officer on 24.06.2017 vide letter no. 915 alongwith the supplementary inquiry report submitted vide letter no. 1260 dated 16.08.2017.

(iii) For a direction to the respondents to reinstate the petitioner as the Finance Officer with effect from 30.04.2015 with all consequential benefits.

(iv) For issuance of writ in the nature of mandamus for commanding the respondents for payment of salary for the entire period during which he remained his suspension.

2. As has been recorded in the order dated 28.01.2021, let it be reiterated that learned counsel for the petitioner has confined his prayer to assail the order directing recovery of Rs.8,58,068/- from the retiral benefits of the petitioner. Thus, so far as other reliefs prayed in the writ application are concerned, those have not been pressed before this Court.

Case of the petitioner

3. It is the case of the petitioner that he was appointed as Finance Officer on 13.05.1982 and during the service period because of his sincere performance he was granted the benefit of Time Bound Promotion and was given the enhanced scale of pay of Rs.9300-34800 with grade pay of Rs.5400/- vide order dated 22.07.2016.

4. It is the submission of the petitioner that while he was working in the Department, a seniority list was prepared by the Department in the year 1993 in which the date of birth of the petitioner was shown as 05.04.1955. As per this date of birth the petitioner was due to retire on 30.04.2015 but he was never given any intimation as regards his due date of retirement. He continued to serve in the department even after 30.04.2015.

5. A memo bearing no.296 dated 03.03.2017 (Annexure-3 to the writ application) was issued by the District Magistrate, Darbhanga, the petitioner was placed under suspension and a memo of charge was served upon him vide memo no.557 dated 15.04.2017. Altogether four charges were levelled against the petitioner. It is his submission that no preliminary inquiry was held before initiation of the departmental proceeding.

6. The petitioner submitted his show cause answering all the charges, participated in the proceeding and claimed that his date of birth is 05.04.1958, therefore, according to him, he was supposed to retire from service on 30.04.2018.

7. The Department lodged an F.I.R. bearing Sadar P.S. Case No.198 of 2017 on 16.05.2017, the petitioner and one clerk namely Sudhir Kumar Jha was made an accused alleging loss of service book of the petitioner. The petitioner was granted bail in the said case on 27.07.2017.

8. It is stated in the writ application that initially when the enquiry was concluded and the enquiry report was submitted to the District Magistrate, Darbhanga a direction was given by the District Magistrate, Darbhanga to consider certain documents presented by the petitioner and the District Provident Office, Darbhanga. Thereafter a detail enquiry was conducted and a supplementary inquiry report was submitted vide letter no.1260 dated 16.08.2017. A copy of the inquiry report as well as supplementary inquiry report have been enclosed as Annexure-7 series to the writ application.

9. The petitioner was served with a second show cause notice, he replied to the same. It is his submission that without considering the reply filed by the petitioner an order has been passed by the Distric