Devi Prasad Singh, J. - (1.) Heard the learneed Counsel for the parties.
(2.) With the consent of parties, I proceed to decide the writ petitions by a common judgment as the facts and issue in petitions are same.
(3.) The factual matrix of the case is that the petitioner was working on the post of Junior Engineer in Lok Nirman Vibhag. On 20th March, 1991, the petitioner was suspended for certain charges. A charge-sheet was served on the petitioner on 1st of July, 1991 and the enquiry report was submitted on 19.10.1999. According to the enquiry report, charges were not found to be proved. Accordingly, the Government had revoked the order of suspension by order dated 9.11.1992 and later on the petitioner was exonerated from the charges levelled against him by the order dated 28th September, 1993. Copy of the order dated 28th September, 1993/ has been filed as Annexure-3 to the writ petition. Thereafter, the petitioner was retired from the service on.31st January, 1998. After retirement from the service, a notice dated 28th August, 1998 was served on the petitioner to show cause why the earlier order dated 28th September, 1993 may not be cancelled or revoked. Feeling aggrieved with the order dated 28th August, 1993, petitioner has filed W.P. No. 14970/1999, which was allowed by the Judgment and Order dated 16.7.2001, copy of which has been filed as Annexure No. 6 to the writ petition. I have gone through the Judgment and order dated 16th July, 2001. While allowing the writ petition, this Court had proceeded to held that the petitioners shall be paid retiral benefits except the disputed amount of Rs. 3,33,087/-. This Court had permitted the respondent that if they desire to do so, they may initiate fresh departmental proceedings in accordance to provisions contained in Regulation 351-A of Civil Services Regulations. The relevant portion of the Judgment of this Court in Writ Petition No. 14970/1999 is reproduced as under: "In view of the above, the order dated 28th August, 1998 (Annexure No. 9) to the writ petition is quashed. However, the respondents may continue the proceedings under Regulation 351-A of Civil Services Regulations against the petitioners and take appropriate decision after giving proper show cause notice to the petitioner. In the order dated 28th August, 1998 (annexure to the writ petition) it has been held that an amount of Rs. 3,33,087/- is to be recovered from the petitioner. In view of the above fact it is further directed that after withholding an amount of Rs. 3,33,087/- out of retirement benefits rest of retirement benefits should be paid to the petitioner during the pendency of the proceedings under Regulation 351-A of Civil Services Regulations. Petitioner will also be entitled for his provisional pension from due date. The proceedings which the respondents have continued under Regulation 351-A of Civil Services Regulations should be completed within a period of six months from the date of service of a certified copy of the order. With the aforesaid direction, the writ petition is finally disposed of.";