- (1.) Aggrieved by order dated 30.12.2003 whereby the order of punishment dated 15.5.2000 has been affirmed by respondent No. 2 and the petitioner has been granted Second Time-bound Pay-Scale with effect from 1.4.1997, the petitioner has approached this Court by filing the present writ petition. Further prayers for payment of increment, arrears of salary on account of grant of Second Time-bound Pay-Scale, payment of salary during the suspension period etc. have also been made in the writ petition. The brief facts of the case are that, the petitioner was appointed on the post of Assistant Storekeeper on 23.9.1975. The petitioner was placed under suspension with effect from 30.3.1993 for the alleged misconduct of unauthorized occupation of Quarter No. F/173 at Patratu Thermal Power Station beyond the permissible period. The suspension of the petitioner was revoked by order dated 27.7.1993. A charge-memo was issued to the petitioner on 9.2.1999 for unauthorized occupation of the official accommodation between the period 31.1.1989 and 21.6.1993. By order dated 15.5.2000, the alleged misconduct was held to be proved and the following punishments were imposed upon the petitioner:-- (i) Stoppage of increment for one year (Non-cumulative), (ii) Nothing except subsistence allowance to be paid during the period of suspension, however, the period of suspension to be counted for retiral benefits, and (iii) A censor to be recorded in the Annual Character Roll of the petitioner.
(2.) The petitioner moved the High Court in C.W.J.C. No. 2143 of 2001 because in view of order of penalty dated 15.5.2000, his case for Second Time-bound Pay-Scale was not considered by the authorities. The said writ petition was disposed of by order dated 6.6.2001 with liberty to the petitioner to prefer representation. The petitioner accordingly, submitted his representation to the Bihar State Electricity Board and he was granted Second Time-bound Pay-Scale with effect from 23.9.1993. However, the petitioner was not paid arrears of salary and by order dated 16.1.2002, recovery of excess payment was ordered on the ground that the petitioner had not passed the Hindi Noting and Drafting Examination. The petitioner again moved the High Court in W.P. (S) No. 2035 of 2002 which was disposed of by order dated 4.2.2003 quashing orders dated 3.9.2001 and 20.9.2001 which were passed by the Bihar State Electricity Board after the creation of the State of Jharkhand. The Jharkhand State Electricity Board was directed to consider the representation of the petitioner afresh. By order dated 30.12.2003, the representation of the petitioner was disposed of by ordering that no recovery of excess payment on account of increment of pay paid to the petitioner would be made and the petitioner would be granted benefit of Second Time-bound Pay-Scale with effect from 1.4.1997.
(3.) A counter-affidavit has been filed on behalf of the Jharkhand State Electricity Board stating that the petitioner white he was posted at P.T.P.S., Patratu committed gross misconduct and a departmental proceeding was initiated against him in which the charges were found proved. Since the penalty order dated 15.5.2000 was never quashed by the Hon'ble High Court, an entry in the Annual Confidential Roll of the petitioner was made in view of the punishment of censor and therefore, the petitioner was not eligible for grant of Second Time-bound Pay-Scale for the next three years.;