- (1.) THE petitioner is aggrieved by the resolution dated 26.8.2000, contained in Annexure -2 to the writ petition as well as the resolution of the Bihar State Electricity Board dated 13.12.2002, contained in Annexure -8.
(2.) BY resolution dated 26.8.2000 (Annexure -2) a penalty of censure was imposed to be entered in his service book in the year 1999 -2000 and to withhold one annual increment, whereas by resolution dated 13.12.2002 (Annexure -8) a decision was taken for recovery of amount received by the petitioner as salary for the period 1.2.1999 to 15.9.2000 and also to deduct 5% of his pension. The facts, in short, are that the petitioner retired as Junior Electrical Engineer from Electric Supply Division, Giridih. According to the Respondent Electricity Board the petitioner was to retire from the service on 31.1.1999 on attaining the age of superannuation but in spite of knowing his date of retirement, the petitioner continued in service and, ultimately, he was made to retire by asking him to stop from working by issue of letter dated 15.9.2000 contained in Annexure -1.
(3.) THE petitioner, thereafter, was served with a charge -sheet, contained in Annexure -3 dated 29.11.2000, for his alleged continuation in the service after his actual date of retirement. The petitioner submitted his reply stating that he never misrepresented nor he committed any fraud and he was paid in lieu of work performed by him during the period 1.2.1999 to 15.9.2000. The petitioner was served with second show cause notice alongwith enquiry report, proposing punishment of recovery of the payment of salary made to him during the period 1.2.1999 to 15.9.2000 and for deduction of 5% from his pension. Thereafter, by issue of letter dated 8.3.2003 the Respondent No.3, i.e. the Financial Controller, Bihar State Electricity Board directed the Respondent NO.4 Deputy Director of Accounts. B.S.E.B. to deduct a sum of Rs. 89,565/ - from the Gratuity amount of Rs. 96,135/payable to the petitioner.;