SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved by order dated 28.3.2012 whereby Rs. 60,056/- has been deducted from gratuity payable to the petitioner on the ground of excess payment made to him, the petitioner has approached this Court.
(2.) The petitioner was appointed as Junior Engineer under the erstwhile Bihar State Electricity Board on 25.05.1975 and he superannuated from service on 31.12.2008. By that time, his service was transferred to Jharkhand State Electricity Board which was constituted after bifurcation of the State of Bihar on 15.11.2000. When his retiral benefits were not paid to him, he came to this Court in W.P.(S) No. 2021 of 2010 which was disposed of by an order dated 16.07.2010 with liberty to the petitioner to file a representation before the Secretary, JSEB. However, order passed by the Writ Court was not complied with and the petitioner was compelled to move this Court in Contempt Case (Civil) No. 783 of 2010, in the proceeding of which the respondents filed an affidavit disclosing details of post-retiral benefits paid to the petitioner. Order dated 18.04.2012 passed in Contempt Case (Civil) No. 783 of 2010, records objection of the petitioner to deduction of alleged excess payment made to him and accordingly, a liberty was granted to the petitioner to challenge the action of the respondent Board. That is how, the petitioner has instituted the instant writ petition.
(3.) In the counter-affidavit, the respondents have pleaded that a departmental proceeding was initiated against the petitioner in which the penalty of reversion from the post of AEE to the post of JEE with effect from 09.3.2006 was passed on 24.02.2011. By the said penalty order, the petitioner has been denied full salary and allowances except, subsistence allowance paid to him during the period of suspension, i.e., from 27.05.2004 to 12.11.2004. Apparently, there is no order for recovery of the alleged excess payment made to the petitioner in the penalty order dated 24.2.2011. The respondents have pleaded that an amount of Rs. 60,056/- has been deducted from the gratuity payable to the petitioner in compliance of the penalty order dated 24.02.2011. The alleged excess payment of Rs. 60,056/- appears to be the difference in salary and allowances to the post of AEE and JEE.;