- (1.) BY Court. - - Heard learned counsel for the parties.
(2.) THIS writ petition was preferred initially for directing the respondents to make payment of retirement benefits and to fix pension of the petitioner granting him Super Time Scale w.e.f. 22nd August, 1989. He had also made a claim for promotion to the Post of Assistant Engineer w.e.f. March, 1992. Learned counsel for the petitioner submits that vide Annexure -11 dated 25th October, 1994, the said promotion was granted to him and his name is reflected at Serial No. 29. During the pendency of the writ application an order was passed under Rule 43(b) of the Bihar Pension Rule by the competent authority, which has been challenged by way of an Interlocutory Application No. 141 of 2003, which has been allowed on 30th October, 2009 to be incorporated in the main writ application. Learned counsel for the petitioner has vehemently opposed the impugned order of punishment dated 13th November, 2002 contained in Memo No. 4746(E). whereby the petitioner has been imposed with the punishment of recovery of Rs. 1,00,901.45 as half of the loss of Rs. 2,01,802.90/resufting out of the loss of 39.1373 metric tonnes of iron rod. For the rest half of recovery of the total amount punishment has been imposed upon the Assistant Engineer, who was also made liable under the same inquiry. It is also indicated in the order of punishment that he is only entitled to subsistence allowance for the period of his suspension from 17th December, 1990 to 16th March, 1998.
(3.) THE short facts of the petitioners are that he joined as Junior Engineer in the service of the respondents erstwhile Government of Bihar and was working lastly at Goda where from he retired on 31st March, 1999. While the petitioner was posted at Godda, Giridih P.S. Case No. 224 of 1990 was lodged for the offences punishable under Section 409 of the Indian Penal Code on the basis of the written report of the Executive Engineer. Building Construction and Housing Department, showing shortage of 30.50 metric tone iron. The petitioner thereafter was placed under suspension for the said charges as well.;