ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 16-01-2024 In the present Letters Patent Appeal, the appellants-Cor-

poration have assailed the order of the learned Single Judge dated

12.07.2021 passed in CWJC No. 11458 of 2019.

2. Brief facts of the case are that 1st respondent-Dhannu Prasad Singh while working as Assistant Godown Manager in Bi- har State and Civil Supplies Corporation. He is alleged to have misappropriated a sum of Rs. 22,75,157.69/-. On these allegations, appellant proceeded to initiate parallel proceedings like depart- mental inquiry and criminal proceedings. Initially, he was placed under suspension on 28.07.2004 and, thereafter, charge-memo was issued on 23.11.2004 and further supplementary charge-memo was issued on 29.01.2005. The 1st respondent- Dhannu Prasad Singh filed his reply to the charge-memo in denying the alleged allega- tions and it was not satisfied by the disciplinary authority, he pro- ceeded to appoint Inquiring Officer and Presenting Officer to hold departmental inquiry and it was concluded in proving the alleged charges levelled against the respondent-Dhannu Prasad Singh. To that extent inquiring officer submitted his inquiry report on 12.03.2008. The disciplinary authority on receipt of inquiring offi- cer's report proceeded to issue show cause notice seeking 1st Re- spondent explanation on the inquiring officer's report on 18.03.2008. The 1st respondent had submitted his reply to the show cause notice read with the inquiring officer's report. Thereafter, disciplinary authority proceeded to pass order of dismissal on

04.12.2008.

3. If the 1st respondent was in service in that event he would have attained the age of superannuation and retired from service on 02.01.2010. In this backdrop, 1st Respondent filed CWJC No. 11458 of 2019 in seeking payment of entire retirement benefits as if he has attained age of superannuation and retired from service on 02.01.2010 from the post of Assistant Godown Manager from Rohtas, Sasaram, Bihar State Food Supplies Corpo- ration. During pendency of CWJC No. 11458 of 2019, in the year 2021, this Court stated to have noticed that 1st respondent-Dhannu Prasad Singh was dismissed employee/officer and he is not enti- tled to seek retirement benefits. In other words, dismissed em- ployee is not entitled to have the benefit of retiral benefits. There- fore, writ court proceeded to permit the respondent to question the validity of dismissal order dated 04.12.2008 in the year, 2021. Thus, learned Single Judge proceeded to pass orders on merit and allowed the petition.

4. Feeling aggrieved and dissatisfied with the order of the learned Single Judge dated 12.07.2021 passed in CWJC No. 11458 of 2019 appellants-Corporation presented this Letters Patent Appeal.

5. Learned counsel for the appellants vehemently con-

tended that writ Court should have rejected CWJC No. 11458 of 2019 at threshold on the ground that dismissed employee is not en- titled to have the benefit of retirement. It is also submitted that writ Court should not have permitted the 1st respondent-Dhannu Prasad Singh in questioning the validity of dismissal order belatedly. It is also submitted that there is no pleadings in respect of delay and laches insofar as questioning the validity of dismissal order dated 04.12.2008 in the year, 2021. It is further submitted that writ Court proceeded to ignore the delay as if the grievance of the petitioner is only in respect of monetary benefits so as to curtail monetary benefits for a particular period like in the present case monetary benefits is stated to have been restricted to three years prior to the date of filing writ petition. Hence, the order of learned Single Judge dated 12.07.2021 passed in CWJC No. 11458 of 2019 is li-

able to be set aside while dismissing CWJC No. 11458 of 2019.

6. Per contra, learned counsel for the 1st respondent re-

sisted the aforementioned contentions and submitted that it is ad- mitted fact that 1st respondent-Dhannu