SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved of order dated 11.04.2011 by which an amount of Rs. 2,65,482/- has been recovered from the gratuity payable to him, the petitioner has approached this Court.
(2.) The petitioner was appointed as Clerk in Labour, Enforcement and Planning Directorate under the State of Bihar on 17.07.1981. He was sent on deputation, in the year 1995, to the Animal Husbandry Department. He was placed under suspension on 03.04.2000 and his cadre was provisionally allocated to the State of Jharkhand after bifurcation of the erstwhile State of Bihar on 15.11.2000. The petitioner joined Department of Animal Husbandry under the State of Jharkhand on 18.11.2000 and continued to discharge his duty. He was paid full salary and allowances commensurate to his post. In the departmental proceeding which was initiated by serving a charge-memo to the petitioner and appointment of an enquiry officer on 30.07.2003, charges against him have been found proved. By an order dated 01.10.2007, the petitioner has suffered the following punishment: (i) Stoppage of two annual increments with cumulative effect, (ii) Debarment from promotion for five years, (iii) Recovery of unadjusted Rs. 8,555/- in three instalments and (iv) he has been denied payment of full salary and allowances except subsistence allowance for the period during which he remained suspended. The petitioner superannuated from service on 31.03.2009. On 01.04.2011 an amount of Rs. 3,03,463/-was sanctioned for payment to the petitioner as gratuity, however, Rs. 2,65,482/- has been recovered from the gratuity payable to the petitioner on account of excess payment for the period between 03.04.2000 to August, 2002 during which period the petitioner continued to draw full salary and allowances though he was placed under suspension.
(3.) Contending that the order of suspension was never communicated to the petitioner and he continued to discharge his duty for which he was paid full salary and allowances, Mr. Rahul Kumar, the learned counsel for the petitioner submits that deduction of Rs. 2,65,482/- from the gratuity sanctioned to the petitioner is illegal. It is submitted that after superannuation of the petitioner from service without resorting to Rule 43(b) of Bihar Pension Rules or satisfying the conditions under section 4(6) of the Payment of Gratuity Act, 1972, deduction from gratuity payable to the petitioner is not permissible in law.;