- (1.) PETITIONER retired on 30th of April, 2001 on attaining the age of superannuation as Accounts Assistant from Electrical Circle, Giridih. During his service, he was suspended on 18th of September, 1986 on certain allegations of embezzlement for which criminal proceedings were initiated. Ultimately, petitioner was acquitted of the charges on 18th March, 1984. However, not being satisfied the Department initiated disciplinary proceedings against the petitioner on 5th of March, 1993. On account of pendency of proceedings for a considerable period, petitioner filed C.W.J.C. No. 899 of 1995. This writ petition came to be disposed of vide order dated 18th of May, 1995 with a direction to the respondents to dispose of the proceedings within a period of three months from the date of production of a copy of the order and in the event, proceedings are not concluded within the period all proceedings against the petitioner shall be considered as quashed. The Respondents passed the Order No. 5476 dated 16th of October, 1995 on conclusion of the departmental proceedings, whereby following punishments were imposed: "Accordingly, Sri A.P. Sainik, Accounts Assistant is awarded the following punishments: - (1) The defalcated amount of Rs. 95,900/ - (Rupees ninety five thousand and nine hundred) only as involved and established in the Enquiry Report will be recovered from Sri Sainik with interest at Bank rate, charged from the date of defalcation. (2) Four of his Annual increments are withheld with cumulative effect. (3) He will not be paid anything more than what has already been paid to him as subsistance allowance during the period of suspension. However, the period of suspension will be counted only for the purpose of pension and gratuity. "
(2.) THIS order of punishment also became subject matter of challenge in C.W.J.C. No. 3226 of 1998(R). This Court vide its final order dated 24th July, 2003 allowed the writ petition and quashed the punishment order. With the quashment of the order of punishment against the petitioner, he is entitled to all pensionary benefits and even the period of suspension has been directed to be counted for the purposes of pension. In the reply filed by the respondents, it is mentioned that most of the claims of the petitioner have been paid. The details of these claims are given in Paragraph 7 of the reply. As regard the payment of arrears of pay revision, it is stated that the Board is yet to take a decision. Learned counsel appearing for the parties have now agreed that the Board has already taken a decision for payment of arrears on account of pay Revision in three installments. Since the petitioner is entitled to all the retiral benefits and part of the same have already been paid, petitioner is required, to be paid the balance amount of retiral benefits.
(3.) THIS writ petition is, accordingly, allowed. The Respondents are directed to pay the balance retiral benefits to the petitioner including the pay revision without taking into consideration the punishments imposed as the same have been quashed by this Court. Let the revised assessment of all retiral benefits including the pension be made within a period of three months and amount released in favour of the petitioner.;