IMPORTANT POINT
Compulsory retirement set aside for gross violation of natural justice entitles employee to full back wages for that period, despite subsequent fresh proceeding imposing minor censure punishment.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

“(i) For issuance of writ in the nature of certiorari for quashing of the order dated 18-02- 2013 passed by the Chairman, Bihar Industrial Area Development Authority, Patna (hereinafter to be referred to as BIADA only) in Appeal No. 03/2012, whereby he has been pleased to dispose of the appeal preferred by the Petitioner against the order of punishment of censure upon the Petitioner without any interference in the order of punishment, while admitting that the another employee should have been proceeded against for the charges levelled against the Petitioner, and the claim of the Petitioner for payment of back wages for the period he remained compulsorily retired in between October, 2007 to 19-06-2009 has been rejected.

(ii) For issuance of writ in the nature of certiorari for quashing of the order contained in Memo No. 361 dated 20-01-2012 issued by under the signature of the Secretary, BIADA whereby it has been communicated that the review petition preferred by the appellant against the order of punishment contained in Memo No. 4092 dated 28-07-2011 has been decided to be rejected.

(iii) For issuance of writ in the nature of certiorari for quashing of the order contained in Memo No. 4092 dated 28-07-2011 passed by the Managing Director, BIADA whereby the appellant has been held guilty of charge No. 11 in the memo of charge and he has been awarded a punishment of censure to be entered in his A.C.R. in the period of 2007-2009. Further, it has also been held that the appellant will not be entitled for anything except the subsistence allowance for the period he remained under suspension.

(iv) For a direction to the respondent authorities to pay the back wages to the Petitioner for the period he remained under compulsory retirement from October, 2007 to 19-06-2009 and for payment of entire salary for the period the Petitioner remained under suspension.

(v) For necessary direction to the respondent authorities to pay the back wages to the Petitioner along with arrears of Dearness Allowance as admissible to the Petitioner.

(vi) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case.”

3. The relevant facts in brief are that the petitioner was appointed as Assistant Development Officer (Chemical) on 26.6.1978 in the erstwhile Darbhanga Industrial Area Development Authority. With the merger of the three Industrial Area Development Authorities of Bihar in the year 2003, Bihar Industrial Area Development (BIADA) was formed and the petitioner became an employee of BIADA.

4. The petitioner was proceeded against in a departmental proceeding and by order dated 29.9.2007, 5 out of the 13 charges levelled against him having been proved in the enquiry, an order of punishment was passed compulsorily retiring him w.e.f. 30.9.2007. The order of punishment of compulsory retirement of the petitioner was challenged by him by filing CWJC no.16950 of 2007. This case was heard along with the batch of applications and by order dated 5.5.2009 passed in CWJC no.11196 of 2007 (Ram Pravesh Singh vs. BIADA) and analogous cases, the impugned orders in each of the writ applications whether of termination or compulsory retirement were set aside and the petitioners directed to be reinstated. The writ applications having been allowed, on the petitioners p