1. The petitioner being aggrieved with the order dated 03.04.2008 passed by respondent no.4 by which the decision was taken to deduct 10 % of the pension, and the nonpayment of other amounts relating to increments of revised pay and arrears has approached this Hon'ble Court.

2. Learned counsel for the petitioner submitted that the punishment was imposed against the petitioner vide Memo no. 604 dated 03.04.2008 (Annexure-8) and now, at this stage, he is addressing or restraining his prayer to the first punishment i.e. of 10% of deduction of his pension.

3. The brief facts of the case, as has been pointed out by the counsel for the petitioner, is that the petitioner was working as an Accounts Assistant in the Electrical Supply Subdivision, Noamundi and he was placed under suspension by the authority of erstwhile Bihar State Electricity Board, vide Office Order No. 4796 dated 16.10.1998 and his headquarter during the period of suspension was fixed in the office of General Manager-cum-Chief Engineer, Electric Supply Area, Ranchi.

4. Learned counsel for the petitioner further submitted that the charge-sheet was issued against the petitioner vide Office Order No. 1368 dated 26.03.1999 and Enquiry Officer was appointed to conduct the departmental proceedings and subsequently another Enquiry Officer was appointed to conduct the departmental proceedings vide Office Order No. 2456 dated 16.05.2001 of the Bihar State Electricity Board, Patna.

5. Learned counsel for the petitioner further submitted that during the pendency of departmental proceeding, the petitioner, who was under suspension, retired from service on 31.01.2002. It is further submitted that since the retiral benefits of the petitioner were not released by the respondent authorities of Jharkhand State Electricity Board, the petitioner filed W.P. (S) No. 4359 of 2002 before this Hon'ble Court.

6. Learned counsel for the petitioner further submitted that the departmental proceeding initiated by Bihar State Electricity Board was not concluded by the Enquiry Officer till the date of his retirement and after his retirement. The file of departmental proceeding was sent by the authority of Bihar State Electricity Board to the Jharkhand State Electricity Board vide Letter No. 2366 dated 26.10.2002 and the Dy. Director of Accounts Jharkhand State Electricity Board was appointed as an Enquiry Officer, who conducted the departmental proceeding vide Office Order No. 969 dated 17.12.2002.

7. It is further submitted that on transfer of Sri Madhup Kumar, Sri B.P. Dubey, Deputy Director of Accounts was appointed as an Enquiry Officer vide Office Order No. 314 dated 01.03.2005 and vide Office Order No. 1564 dated 25.03.2005, the Board appointed another Enquiry Officer to conduct the departmental proceedings against the petitioner, but the enquiry was not concluded against the petitioner.

8. It is further submitted that after disposal of Contempt Case, again vide Office Order No. 610 dated 12.04.2007, Board had appointed an Enquiry Officer to conduct the departmental proceeding against the petitioner and the said Enquiry Officer submitted his report before the Authority of the Board on 08.08.2007 without examining any witness in support of charge and stating therein that charge no. 1 is partially proved but charge nos. 2 to 4 are not proved against the petitioner.

9. It is further submitted that the second show cause was issued to the petitioner vide Office Order No. 2183 dated 04.12.2007 stating therein that all the charges have been proved by the Enquiry Officer. However, the petitioner submitted his explanation to second show cause on 16.01.2008 in details but all went in vain and ultimately penalty was imposed against the petitioner vide Memo No. 604 dated 03.04.2008. It is further submitted that vide letter dated 15.04.2008 an appeal was filed before the Chairman of the Board for reconsidering the whole issue and to review the punishment, which is still pending before the Board.

10. Learne