Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The petitioner came before this Court in the present writ petition in the year 2005 for quashing the order dated 22.5.2002 (Annexure -6) issued by the respondent No. 3, Divisional Forest Officer, Koderma, issuance of charge -sheet vide Memo No. 11.6.2002 (Annexure -7) and the order of punishment dated 7.11.2002 (Annexure -12) issued by the respondent No. 2, Chief Conservator of Forest, Hazaribagh Circle.
(2.) ONE of the important facts in the above dates is that petitioner, in the meantime, retired on 31.8.2002. By the impugned order dated 7.11.2002, two punishments have been imposed upon the petitioner after his retirement. According to the petitioner, he will not be paid salary for the period of suspension from 22.5.2002 to 31.8.2002 and the aforesaid order shall be entered in his service book: Although, the petitioner has assailed the impugned order, so far as first part is concerned, inter alia on the ground that the principle of natural justice has been violated as necessary documents were not supplied to him and enquiry report has been brought on record subsequently, but at the moment counsel for the petitioner confines his prayer for the payment of post retiral dues to which the petitioner is entitled after his retirement i.e. on 31.8.2002. It is submitted on behalf of the petitioner that against the heads of Gratuity only half of the legally dues amount has been paid, Group Insurance amount has been paid in full, GPF amount has also been paid in full and Leave Encashment has also been paid. However, only half pension is being paid to the petitioner till date totaling Rs. 2,497/ - per month. In these circumstances, learned counsel for the petitioner submits that the respondents be directed to pay the rest of the post retiral dues i.e. half of the gratuity amount and pension withheld till date without any rhyme and reason as no such order in the impugned order for curtailing his post retiral dues has been passed for withholding pension and gratuity. After hearing both the parties, since, the petitioner confines his prayer to the payment of rest of post retirement dues, this writ petition is disposed of by granting liberty to the petitioner to approach respondent No. 2, Chief Conservator of Forest, Hazaribagh Circle with a representation for payment of his rest of post retiral dues i.e. half of the gratuity amount and the rest of the pension with arrears of pension, if any. The petitioner would make a representation within a period of three weeks with all supporting facts and documents before respondent No. 2, Chief Conservator of Forest, Hazaribagh Circle. In case, such representation is made before him, he shall consider the same in accordance with law and pass a speaking and reasoned order within a period of twelve weeks thereafter and the same shall be communicated to the petitioner.
(3.) NEEDLESS to say that if the rest of the post retiral dues are found to be genuine and legally payable to the petitioner, the same should be paid within a period of eight weeks thereafter. Accordingly, this writ petition stands disposed of in the aforesaid terms.;