Jharkhand High Court
Tapen Sen, J.
Shyam Sunder Chaudhary - Appellant
Versus
State Of Bihar - Respondent
CWJC 1554 Of 1999
Decided On : 9 September, 2003
Tapen Sen, J.
1. In this writ application, the petitioner has prayed for quashing the order dated 14.9.1996 (Annexure 1) issued by respondent No. 2, whereby and whereunder, he was informed that in view of the reports received against him in relation to irregularities, it had been decided to initiate departmental proceedings and, accordingly, he was being put under suspension under the provisions of Rule 49-A (1) of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter referred to as "the Rules"). The petitioner has further prayed for quashing the departmental proceedings which was initiated pursuant to the resolution dated 30.10.1996 (Annexure 2) issued by respondent No.
3. The petitioner has also prayed for quashing the charge sheet dated 21.1.1997 as contained in Annexure 3 to the writ application. The petitioner has also prayed for quashing the second show cause notice dated 1.6.1998 as contained in Annexure 4 which was issued by respondent No. 3. The additional prayers made in the writ petition are that the final order of punishment dated 3.5.1999 (Annexure 5) withholding 5% of the amount of pension and holding that the petitioner was not entitled to any payment during the period of suspension i.e. 14.9.1996 to 31.10.1996 save and except the subsistence allowance, be also quashed by this Court. The petitioner further prays for a direction upon the respondents to :--
(a) Pay retrial benefits including full pension, gratuity, Group Insurance, Leave Encashment in relation to the remaining leaves which were due on the date of retirement. Full salary during the period of suspension together with 10% of pay as interim relief from April, 1995 to October, 1996.
(b) For payment of compound interest at the rate of 30% per annum on the following amounts :--
(i) Monthly pension from November, 1996.
(ii) Amount of Gratuity for 16.5 months with effect from 1.11.1996.
(iii) Leave Encashment for 8 months with effect from 1.11.1996.
(iv) Group Insurance with effect from 1.11.1996.
(v) Interim relief with effect from 1.4.1995.
(vi) he remaining unpaid salary during the period 14.9.1996 to 31.10.1996 in addition to subsistence allowance already paid or to make payment of the subsistence allowance for the entire period of suspension with effect from 1.11.1996 to 4.3.1998 with interest thereon.
2. From the pleading made in the writ application, the following facts appear :--
The petitioner was appointed on 12.5.1958 and while he was posted in the District Agriculture Office at Ranchi, he was put under suspension by order dated 14.9.1996 as contained in Annexure 1. On 30.10.1996 the Joint Secretary, Department of Agriculture, Government of Bihar issued a resolution wherein it was, inter alia, resolved that the Governor of Bihar in exercise of his power under Rule 55 of the Rules, had decided to initiate departmental proceedings and, accordingly, letter was ordered to be issued asking the petitioner to show cause. On the next day i.e. on 31.10.1996 the petitioner retired. According to the petitioner, the aforementioned resolution dated 30.10.1996 (Annexure 2) was served upon him a fortnight after his retirement i.e. on 18.11.1996. Having received the aforementioned resolution, the petitioner filed his explanation on 21.11.1996 vide Annexure 7. Therefore it appears that the respondents were not satisfied and accordingly the charge sheet dated 21.1.1997 (Annexure 3) was served on the petitioner. Upon perusal of the charges levelled against the petitioner, it would appear that the charge sheet consisted of charges of financial irregularities and towards the end of the charge sheet, documents said to have been enclosed were the letters dated 21.5.1994, 16.6.1994 and 16.7.1994 which were in relation to charge Nos. 1 to
7. However, according to the petitioner, the aforementioned documents were not included in the charge sheet but they were given to him later on vide letter dated 28.1.1997 (Annexure 9). From perusal of Annexure 9,
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