- (1.) HEARD counsel for the parties.
(2.) THE petitioner is aggrieved by the order passed by the Deputy Commissioner, Chatra dated 25th March 1996 (Annexure-7) whereby while revoking the suspension of the petitioner from date of his retirement i.e. 31st March 1993, he has held that the petitioner will not be entitled to the rest of the salary apart from subsistence allowance from the said period. The petitioner's appeal was also dismissed by the Commissioner, North Chhotanagpur Division, Hazaribagh by order dated 29th April 1999 vide Service Appeal No. 80 of 1997 (Annexure-9) whereby the order of the Deputy Commissioner has been upheld by the appellate authority on the ground that the petitioner was not fully exonerated from the charges in the criminal trial conducted against him for certain allegations of financial irregularities under sections 409, 420, 468 and 471 of the Indian Penal Code in connection with Tandwa (Chatra) P.S. Case No. 41 of 1988. The appellate authority also upheld that original order of the Deputy Commissioner by observing that the petitioner has not been exonerated from the charges of non-production of document on demand before the competent authority in respect of the claim of payment of prescribed wages and wheat to muster roll labourers and for mis utilization of Government money. According to the petitioner, he was appointed as Village Level Worker at Tandwa and for certain allegations, he was placed under suspension with effect from 3rd November 1988. According to him, despite the fact that he was proceeded departmentally also apart from being implicated in the criminal case as aforesaid, the departmental proceeding remained inconclusive during his suspension and he retired on 31st March 1993. The petitioner was thereafter acquitted of the charges in which Mukhia of the village was also charge sheeted, vide judgment dated 7th April 1995 passed in G.R. Case No. 447/88 / T.R. No. 248/95. The Deputy Commissioner thereafter issued order on 25th March 1996 which was communicated to the petitioner on 12th April 1996 by the Deputy Collector (Establishment), Chatra whereby his suspension was revoked with effect from the date of his retirement, but it was also held therein that the petitioner will not be entitled to any salary except the subsistence allowance for the period under suspension. It was also observed in the said order that if the subsistence allowance for the period under suspension is not paid till date, the same should be paid immediately and consequential benefits arising out of the grant of second time bound promotion, if not paid, would also be paid forthwith; he should also be paid group insurance and provident fund and any other service benefits. The writ petition preferred by the present petitioner against the said order in CWJC No. 3153 of 1996 (R), was dismissed however with liberty to the petitioner to approach the concerned authorities for redressal of his grievances by way of a representation which should be disposed of by passing an speaking order within the stipulated period. Thereafter, the order dated 29th April 1999 has been passed in Service Appeal No. 80 of 1997 by the Court of Commissioner, North Chhotanagpur Division, Hazaribagh upholding the order of the Deputy Commissioner as aforesaid.
(3.) RESPONDENTS have appeared and filed their counter affidavit. In their statements made therein, respondents have given the details of the post retirement dues paid to the petitioner at paragraph-8 while justifying issuance of the impugned orders passed by the Disciplinary Authority as well as the Appellate Authority. According to the respondents, petitioner retired from service during the period of his suspension without having worked for the period under suspension on account of criminal charges and trial initiated against him along with the Mukhia concerned for allegations of financial irregularities in respect of payment of wages and wheat to the muster roll labourers. It is the case of the respondents that the acquittal was not clean acquittal and the petitioner was not fully exonerated of the charges. He has been paid group insurance amount amounting to Rs. 4575.00, provisional gratuity amounting to Rs. 32,000.00, earned leave encashment of 240 days amounting to Rs. 30,720.00, GPF amount of Rs. 75,633.00. The A.G., Bihar has fixed his pension through his letter no. 732 dated 23rd September 2000. The petitioner has been paid second time bound promotion benefits and final pension has been fixed thereafter which the petitioner is drawing from Treasury. So far as the claim of subsistence allowance for the period from 3rd November 1988 to 31st May 1989 and from 4th August 1989 to 6th December 1989 is concerned, it has been stated that the petitioner had remained absent during the said period and there are no evidence to show that he attended the office during the said period of his suspension, although during his suspension, he was to mark the attendance in the office where he was attached to. However, the petitioner has been paid subsistence allowance for the period from 1st June 1990 to 30th June 1990.;