AMARESHWAR SAHAY, J. - (1.) THE petitioner was appointed as Inspector, Cooperative Societies in the year 1956. In the year 1985, he was posted and working as an Executive Officer, Central Consumer Co -operative Stores at Jamtara. It is said that in the night of 29th/30th of August, 1985 a then took place in the Office of Central Consumer Co -operative Stores at Jamtara for which an FIR was lodged by the petitioner being Jamtara P.S. Case No. 97 of 1985 under Sections 467 and 380, IPC against unknown/
(2.) WITH respect to the same occurrence of theft, Jamtara P.S. Case No. 14 of 1986 was lodged by the Assistant Registrar against the petitioner, the Head Assistant and the Assistant Manager. Thereafter the petitioner was suspended on 5.2.1986 and a departmental proceeding was initiated against him. However, the Enquiry Officer after conclusion of the enquiry submitted his report in June, 1987 exhonerating the petitioner from the charges. Though the petitioner was exhonerated in the departmental proceeding by the Enquiry Officer, but the Registrar, Co -operative Societies by issue of Annexure -3, dated 23.1.1991, though revoked the order of suspension of the petitioner but considering the fact that criminal case was still pending in the Court, the final decision on the Enquiry Report was kept in abeyance till the decision in the criminal case. The petitioner superannuated on 1.1.1993. By issue of Annexure -4 dated 24.3.1993, the Registrar, Co -operative Societies directed to make provisional pension to the petitioner indicating that the decision so far as the period of suspension and final pension is concerned, that would be taken after disposal of the criminal case.
(3.) SINCE the petitioner was not being paid his retiral benefits, he filed a writ application before the Patna High Court being CWJC No. 3133 of 1994 and by order dated 12.1.1996 as contained in Annexure -6 to the present writ application, the High Court allowed the writ application and directed the respondents to release the entire post -reitral dues of the petitioner within one month from the date/receipt of a copy of this order.;