Padma Nath Singh vs State of Bihar and Others

S.J. Mukhopadhaya, J.—The petitioner while in the services of the State of Bihar was suspended on 2nd December, 1998 as communicated vide letter No. 442 dated 27th July, 1998. Subsequently a departmental proceeding was initiated vide memo No. 374, dated 10th March, 1998 by the State of Bihar. Altogether four charges were levelled against him. The petitioner submitted show cause reply before the Conducting Officer on 5th November, 1998 denied the charges and requested to exonerate him as there was no evidence and the proceeding was initiated on the basis of an anonymous letter. The Conducting Officer, submitted a report on 21st January, 1999 (Annexure 10/B), held the charges not proved and recommended the competent authority to exonerate the petitioner.

Subsequently no final order was passed in the departmental proceeding till petitioner retired on 30th June, 1999. After two years of retirement the respondent Deputy Secretary, Agriculture Department, Government of Bihar issued impugned letter No. 655 on 25th July, 2001 and asked the petitioner to show cause as to why 2% of his pension be not deducted.

In the aforesaid circumstances in the present case, the petitioner challenged the order of suspension; charge-sheet and show cause letter No. 665 dated 25th July, 2001 and prayed for direction on respondents to pay the total retiral benefits.

From the counter affidavit and enquiry report it will be evident that the petitioner was exonerated by Enquiry Officer (vide Annexure 10/B) in absence of evidence. In the show cause notice dated 25th July, 2001 the respondents neither given any reason to differ with the finding of Enquiry Officer nor it has been issued by the order of the Governor of Bihar.

In the facts and circumstances, three years having passed after retirement, the petitioner having found not guilty and as no appropriate order has been passed by the State Government even till date, the respondents authorities of State of Bihar are directed to pay the full salary of the period of suspension, fix the petitioners pay taking into consideration the revised scale of pay and pay all retiral benefits such as full pension, gratuity, leave encashment and provident fund arrears of salary, if any etc. within three months from the date of receipt/production of a copy of this order.

On failure the respondents will be liable to pay interest @ 5% on such admitted dues apart from statutory interest.

The petitioner will produce a copy of this order with representation before the Agriculture Production Commissioner-cum-Secretary, Agriculture Department, Government of Bihar, concerned Provident Fund Officer and Accountant General, Bihar, Patna.

The writ petition is accordingly al lowed.