Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for issuance of writ of certiorari for quashing the Resolution no.2616 dated 23.05.2005 (Annexure-7) issued by the respondent no.4 whereby a decision has been taken to recover Rs.1.90 lakh in twenty installments from the monthly salary of the petitioner and further to make entry of Misconduct in the confidential record of the petitioner.
(2.) Shorn of unnecessary details, the brief facts, as has been described in the writ application, is that petitioner joined his services on the post of Director (Accounts), Bihar State Electricity Board, Patna in the year 1992. Thereafter, he was transferred to the Jharkhand State Electricity Board vide notification dated 25.04.2002 and was appointed as Member Finance in the year 2003. While continuing as such, a Preliminary Investigation Committee was constituted for fixing responsibility of delay of payment of Rs.1,70,180/- to procure the Modernized Inhaul Beet Marshalling. The petitioner was asked to file show cause. It has been averred in the writ application that the petitioner was not given opportunity before the liability was fixed and finally the impugned order has been passed by the respondent authority basing on the preliminary investigation.
(3.) Learned counsel for the petitioner has vehemently submitted that the impugned order is not legally sustainable because no departmental proceeding was initiated nor in the preliminary investigation the petitioner was given opportunity of hearing. In the meantime, the petitioner has retired on attaining the age of superannuation i.e. 31.12.2009. Learned counsel for the petitioner submits that the impugned order vide Annexure-7 to the writ application is not legally sustainable, in breach of principles of natural justice and in the absence of full-fledged departmental enquiry, the said order is liable to be interfered with.;