S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the office order No. 2613 dated 12.6.1999 issued by the Joint Secretary. Bihar State Electricity Board, Patna (BSEB for short) whereby and whereunder he has been Indicted major punishment of stoppage of three increments with cumulative effect with further order that he will not receive any salary for the period of suspension, except subsistence allowance, nor increment for the period of suspension though the period of suspension will be counted for retrial benefits.
(2.) THE writ petition was filed on 4.4.2000 before the Patna High Court after service of the copy on the counsel for BSEB. It was transferred before this Court by the Honble the Chief Justice of the Patna High Court under Section 89 of the Bihar Re -organisation Act. 2000 after notice to the parties. No counter - affidavit has been filed by BSEB. As the case can be disposed of on short point on the basis of the enclosures attached to the writ petition, it is not necessary to record all the facts, claim and counter claim, except the relevant one.
(3.) THE petitioner while functioning as forman. a criminal case was lodged against him. In pursuance of Director of Personnels letter No. 167 dated 2.4.1994. the petitioner was suspended by General Manager -cum -Chief Engineer, Barauni Thermal Power Station vide office order No. 247 dated 27.4.1994. He was proceeded departmentally vide office order No. 43 dated 30.1.1995 for committing moral turpitude by involving in a murder case which was stated to be gross misconduct as per Boards Certified Standing Orders. The following charges were levelled against the petitioner: - - Charge -sheet "That on written FIR, lodged by Sri Krishna Kumar Pathak, Village and P.O. Gaura, Via -Teghra, Distt -Bengusarai (father of his daughter -in -law) on 4.5.1993 that he alongwith his family members committed murder of his daughter -in -law in the night of 3.5.1993 and he was accused under Section 498 -A/304 -B/34, IPC vide P.S. Case No. 188/93. He was arrested and in Judicial (police custody) from 17.5.1993 to 16.10.1993 and has been released on furnishing bail bond of Rs. 10,000/ - (Rupees ten thousand) with two surities of the like amount by the Honble High Court, Patna. The above action amounts to gross misconduct under Clause 29 (B) (P) of Boards certified standing orders read with Clause 5 of Boards standing order No. 630 dated 11.9.1981.";