Purnendu Singh, J. – Heard Mr. Nilesh Kumar Nirala, learned counsel appearing on behalf of the petitioner and Mrs. Namarata Mishra, learned counsel appearing on behalf of the State.

2. The instant writ petition has been filed by the petitioner for quashing the impugned order contained in Resolution No. 1055 dated 23.11.2016, by which the petitioner has been awarded punishment of reduction of 10% pension for a period of 5 years and consequent thereto for payment of 10% pension along with interest and cost of litigation.

3. The brief facts of the case are that a work order was issued by the Financial Controller (Revenue), the then Bihar State Electricity Board, vide order no. 1959 dated 02.12.2010, for the work of meter reading of the consumer and bill distribution (Annexure-2 to the writ petition). According to clause 4 of the work order, the firm (M/s Crystal Computer Informatics Centre Pvt. Ltd., Ranchi) had to deposit Rs. 10,00,000/- (Rs. Ten Lakhs) as performance securities in shape of Bank Guarantee, in prescribed format, before the Electric Supply Circle, Saharsa by 31.12.2010, failing which, the work order would be treated as cancelled and work would then be allotted to other valid contractor. The firm was also directed to execute agreement with Electrical Superintending Engineer, Electric Supply Circle by December 2010 (Annexure-2 to the writ petition).

4. The date on which tender notice was published, the petitioner was posted as Head Clerk Electric Supply Circle at Saharsa. The petitioner had superannuated from the same post on 31.10.2012. It is alleged that the petitioner has committed negligence, irregularity and demanded illegal gratification for placing the documents required for executing an agreement with the firm M/s Crystal Computer Informatics Centre Pvt. Ltd., Ranchi before the Electrical Superintending Engineer. For the said charges, the petitioner was issued show cause vide Resolution No. 1932 dated 07.09.2011 and subsequently, a departmental proceeding was initiated against him vide Resolution No. 677 dated 30.03.2012 after finding his reply unsatisfactory. The Diciplinary Authority vide Memo No. 124 dated 08.01.2013 issued additional charges against petitioner (Annexure-4 to the writ petition) and served a second show casue, vide Memo No. 282 dated 01.07.2013, to the petitioner. The petitioner filed his reply on 07.02.2014 denying all the charges. On examination of the reply to the second show cause of the petitioner, the inquiry report and the materials available on record, the Diciplinary Authority found that the charges were proved against the petitioner and accordingly passed order of punishment for reduction of 10% pension vide Resolution No. 729 dated 10.04.2014 (Annexure-G & H to the writ petition).

5. Being aggrieved by the aforesaid order of punishment, the petitioner had filed appeal on 07.06.2016 before the Appellate Authority (the Secretary-cum- Managing Director, Bihar State Power Holding Company Ltd. and Ors.), who modified the order of punishment vide Resolution No. 1055 dated 23.11.2016 by reducing 10% pension for 5 years only.

6. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had submitted his written objection against the alleged charges denying the allegations made therein that he was on leave on 15.05.2012. In his written statement the petitioner had stated that he endeavored to bring the matter to the notice of Electrical Superintending Engineer, who was persuaded to look into the matter and several times he reminded him on telephone as well. Thus, the allegation was deprived of negligence of duty on the part of the petitioner.

7. He further submitted that the respondents have admitted that the matter was already being monitored by the Electrical Superintending Engineer, Saharsa, regarding submission of Bank Guarantee and execution of agreement, which the firm failed to comply by 31.12.2010, as per the terms and conditions of the work order and for any