PRAMATH PATNAIK, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing the order dated 18.05.2001 vide Annexure -4 to the writ application passed by the Under Secretary, Department of Irrigation and Water Resources, Bihar Patna and for issuance of writ of mandamus to return the recovered amount of salary of the petitioner to the tune of Rs.11,265/ - and for direction to the respondents to pay the arrears of salary of the suspension period i.e. 1981 to 1995 in the revised scale and also the dearness allowances for the same period and the benefits of Assured Career Progression on completion of 12 years and 24 years of regular service.
(2.) The facts as disclosed in the writ application in nutshell is that initially the petitioner was appointed as a Sangrahak (Tahsildar) in the year 1968. From 1968 to 1978 the petitioner was posted in the district of Purnea, Saharsa and Budhma Tahsil in erstwhile State of Bihar. While posted at Budhma Tahsil, Saharsa, the petitioner was placed under suspension on the ground of misappropriation of money to the tune of Rs.11,265/ -. A departmental proceeding was also initiated against the petitioner and on the same set of facts the criminal proceeding was also initiated against the petitioner by lodging an F.I.R under Section 409 I.P.C. It has been stated in the writ application that in the departmental proceeding petitioner was neither given the copy of enquiry report nor any document was served to him to rebut the charges. Thereafter, the order of suspension was revoked in the year 1995. In the departmental proceeding, an order was passed vide order dated 30.07.1996 by the Special Officer cum Deputy Secretary, Bihar, Patna, wherein it is stated that the order of departmental proceeding shall be subject to the result of the criminal case. Thereafter on being released from the suspension the petitioner worked in the district of Garhwa till his date of superannuation i.e. 31.10.2002. It is submitted that in the criminal case the petitioner has been acquitted under Section 409 of the I.P.C and after the order of acquittal the department had issued an order dated 18.05.2001 inflicting punishment on the petitioner with direction not to refund the alleged recovered amount and not to pay the arrears of salary of the suspension period, which is impugned in the writ application. Being aggrieved by the order dated 18.05.2001 (Annexure -4) the petitioner submitted representation. The said representation did not evoke any response. The petitioner left with no alternative and efficacious remedy, approached this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) A counter affidavit has been filed on behalf of respondents -State of Jharkhand controverting the averments made in the writ application. It has been inter alia submitted that so far as benefits regarding ACP is concerned, the petitioner has already been given the benefits of 1st and 2nd ACP vide memo dated 14.02.2005 and after due calculation the revised pension and revised gratuity amount along with arrears of monetary dues have been sent to the office of the Accountant General along with service book vide office letter dated 10.10.2008 by the Deputy Collector, Revenue Department, Ranchi. It has further been submitted that the departmental proceeding was initiated by the erstwhile State of Bihar and the impugned order has already been passed by the respondent no.1 -State of Bihar, so no relief could be granted by the State of Jharkhand at this belated stage.;