AJIT KR. SINHA, J.
Akhileshwar Prasad Gupta - Petitioner
vs.
The Jharkhand State Electricity Board & Ors. - Respondents
WP(S) No. 361 of 2004
Decided on : 19.3.2009
The present writ petition has been preferred for the following reliefs:-
(1) For issuance of an appropriate writ in the nature of certiorari to quash Resolution No. 2790 dated 2.11.1999 issued under the signature of the Joint Secretary, Bihar State Electricity Board, Patna, Respondent NO.5. as contained in Annexure-10 to this writ application whereby and whereunder, Respondent NO.5 was pleased to award punishments in the following manner:-
(a) The petitioner is "Censured" which will be entered into his A.C.R. for 1998-99,
(b) The petitioner will not be posted in supply sub-division/supply division for two years,
(c) The petitioner will not get anything beyond subsistence allowances during the suspension period. This period will be counted as on duty for post retirement benefit.
The aforesaid punishments have been awarded in the light of the Resolution No. 2233 dated 20.8.1999, as contained in Annexure-9 to this writ application.
(2) For issuance of an appropriate writ in the nature of certiorari to quash letter No. III/CAS-DP-3010/99 dated 11.7.2002 issued under the signature of the Joint Secretary, Bihar State Electricity Board, Patna, Respondent NO.5, as contained in Annexure-14 to this writ application, whereby and whereunder, Respondent No. 5 was pleased to reject the representation filed by the petitioner for payment of salary during the period of suspension,
(3) For issuance of an appropriate writ in the nature of mandamus directing and commanding upon the respondents to make payment of salary of suspension period i.e. from 15.7.1998 to 5.8.1999,
(4) For issuance of an appropriate writ in the nature of mandamus directing and commanding upon the concerned respondents to pay salary @ Rs.12,150/- per month in place of Rs.11,850/- after pay fixation with effect from 1.1.1996 as per Notification No. 275/276 dated 24.10.2000,
(5) For issuance of an appropriate writ in the nature of mandamus directing and commanding upon the respondents to give annual increment of the year 1999 and second time bound promotion and its consequential benefits since January, 2000 for which the petitioner is legally entitled for,
(6) For issuance of an appropriate writ in the nature of mandamus directing and commanding upon the respondents to fix the pension and gratuity on the revised pay scale and further to make differences of arrears of pension and gratuity, for which the petitioner is legally entitled for.
2. The facts in brief are set out as under:-
The petitioner was appointed as Junior Electrical Engineer on 22.6.1964 and was later promoted to the post of Assistant Electrical Engineer in the year 1989 and was confirmed on the said post in the year 1992. According to the learned counsel for the petitioner he had proceeded on leave which was sanctioned on 4.7.1998 for the period between 5.7.1998 to 11.7.1998 as the petitioner was unwell and had to go for medical check-up for which he had duly filed an application and earlier he had also filed a representation on 26.6.1998 for transfer to an urban area where he could get the medical facilities regularly in view of his being a chronic diabetic and also suffering from Asthama. The petitioner received a Memo No. 3038 on 15.7.1998 issued by the Joint Secretary vide which he was put under suspension for his willful absence and negligence of duty and the petitioner was allowed to draw subsistence allowance during the suspension period. The petitioner went to give his joining at Chaibasa as per office order Memo No. 3038 dated 15.7.1998 on 18.7.1998. However, on receiving the order of suspension he preferred a representation on 28.7.1998 to the Secretary, Bihar State Electricity Board for revoking the suspension on the ground that his leave was duly sanctioned by the competent authority. However, a charge-sheet was issued on 12.8.1998 for gross negligence of duty and disobedience of Board's order and the petitioner was asked to submit his written statement to the concerned enquiry officer since a
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