Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner was imposed with minor punishment of withholding of 1 annual increment without cumulative effect with further stipulation that period of his suspension would be counted for his pensionary benefits but he would not get any salary beyond the subsistence allowance by the office order no. 296 dated 18.05.2011 passed by the Administrator, Bihar State Road Transport Corporation (BSRTC). Patna, Bihar. A departmental proceeding was initiated against him with the charge that being in the capacity of Divisional Manager, Patna achievement in I.P.E.K.M. were less than the expected yardstick in the month of March to May 2010. Less work was taken from employees who discharged a better I.P.E.K.M. while more work was given to those employees who showed lesser income to the Corporation. The Central Flying Squad had noticed several irregularities during the said period though the Divisional Flying Squad did not find any such irregularity. Performance of the vehicles in his tenure was also less. This reflected lack of proper supervision on his part. The Conducting Officer after proper inquiry found the charges partially established. He also opined that petitioner in the capacity of Divisional Manager should have taken strong action and proper supervision on his subordinate officers and staffs, which he failed to do. The delinquent petitioner had tried to explain the charges by stating through his show cause that dereliction of the responsibilities was primarily of the Superintendent of the Depot. This explanation was not accepted by the disciplinary authority as the responsibility of supervision lied upon the Divisional Manager. During the same period the Central Flying Squad had noticed 23 irregularities in his area while the petitioner as a Divisional Manager had pointed out only 9 such instances. It was also taken note that between the period November 2009 to June 2010 the Divisional Flying Squad had not found a single irregularity in the same area when the Central Flying Squad had found 19 irregularities. This showed that his supervision was extremely poor which caused financial loss to the Corporation as well. Upon consideration of the inquiry report and the material adduced during inquiry and explanation of the petitioner, departmental proceeding was closed with a minor punishment of withholding of 1 annual increment without cumulative effect by the impugned order.
(3.) Learned counsel for the petitioner has tried to question the findings rendered by the disciplinary authority on the ground that due opportunity was not given to him. Inquiry repot was also not served before the impugned order of punishment was passed. On being asked, he however submitted that petitioner has superannuated. The period of his suspension is to be counted in the computation of post-retirement benefits.;