AMARESHWAR SAHAY, J. - (1.) THE prayer of the petitioner in this writ petition are two folds, Firstly, a departmental proceeding pending against him be quashed pursuant to the order dated 11.8.2000 passed in CWJC No. 7375 of 2000 contained in Annexure -5 to the writ petition. Secondly, for a direction to the respondents to pay dues like Gratuity leave encashment amount and half salary during the suspension period and to give other service benefits which the petitioner is entitled to.
(2.) IT appears that the petitioner was an accused in Fodder Scam case instituted by the CBI i.e., in R.C. Case No. 59(A)/96. Thereafter, the petitioner was put under suspension and a departmental proceeding was initiated against him. Since the departmental proceeding was continuing for about one year, the petitioner along with Dr. Binod Kumar and others filed CWJC No. 7375 of 2000 before the Patna High Court which was withdrawn by the petitioners with a liberty to challenge the proceeding if it is not decided on an early date (one year). While disposing the said writ petition vide order dated 11.8.2000 the Patna High Court permitted the writ petitioner to withdraw the said writ petition after observing that so far as the petitioner Dr. Deovarat Verma is concerned, (who is the petitioner in the present writ petition), considering the fact that he has retired from service, the proceeding be treated under Rule 43(b) of the Bihar Pension Rules, if permissible. It was further observed that the Dr. Deovarat Verma may ask for retiral benefit from the competent authority.
(3.) THE Grievance of the petitioner in this writ petition is that though his suspension order was revoked but the departmental proceeding is still continuing, which according to order as contained in Annexure -5 passed by the Patna High Court, the said departmental proceeding pending against him, is liable to be quashed and the petitioner is entitled to be paid his retiral benefits.;