S.J.MUKHOPADHAYA, J. - (1.) ACCORDING to the petitioner, while he was in the services of the State and posted as Head Master of the State Subsidized (now Nationalised) High School, a departmental proceeding was initiated, vide Memo No. 858 dated 10th August, 2001 by the Director, Secondary Education. Jharkhand. Ranchi.
(2.) DURING the pendency of the departmental proceeding, he superanuated from service on 30th April, 2002, after retirement, he having not get the retirement benefit, had to move before this Court in WP (S) No. 591 of 2003 for payment of retiral benefits. The case was disposed of. but payment was not made till Cont. Case (C) No. 436 of 2003 was preferred against the respondents. The grievance of the petitioner is that the respondents thereafter though paid 90% of the Pension and Gratuity, but rest of the 10% of the amount have not been paid. They have also not commuted the pension of the petitioner in view of the pendency of the departmental proceeding.
(3.) HAVING heard the counsel for the parties, in the interest of justice, this case is remitted with direction to the respondents, to treat the departmental proceeding as a proceeding initiated under Rule 43(b) of the Bihar Pension Rules, 1950, with further direction to the Enquiry Officer and the concerned authorities to concluded the departmental proceeding and pass final order, within a period of four months from the date of receipt/production of a copy of this order.;