- (1.) HEARD the learned counsel for the Parties.
(2.) THE prayer of the petitioner, in this writ petition, is to quash the order dated 12/05/2001, (Annexure -10), passed by the Secretary, Bihar State Electricity Board alongwith that part of the resolution/order dated 16/07/2001 (Annexure -11), whereby the excess amount of pay and other allowances drawn by the petitioner beyond 31/01/1991, has been ordered to be adjusted from the amount dues as post retiral benefits. According to the petitioner, at the time of entry in service as Assistant Executive Engineer, he had submitted his matriculation certificate showing his date of birth as 01/02/1941 but his date of birth was wrongly recorded in his service book as 01/01/1958 in place of 01/02/1941. This fact he came to know only when the gradation list was prepared in the year 1994 and, thereafter, he, by his letter dated 16/12/1998, informed the Bihar State Electricity Board about the said mistake and requested to correct the entry in his service book. When he did not receive any response, then he sent another letter on 07/01/1999, reiterating the said mistake. He even served a letter dated 23/03/1999 personally, which was duly received by them on 24/03/1999. According to the petitioner, instead of correcting the wrong entry in the service book regarding his date of birth, the respondents Board sent him a letter dated 07/04/2000 asking him to send a photo copy of his matriculation certificate for verification of his date of birth. The petitioner sent a photo copy of the matriculation certificate under registered cover on 20/05/2000 to the Office of the Bihar State Electricity Board, Patna. Thereafter, the petitioner was directed to meet the Secretary of the Board on 23/05/2000 with all his original certificates, which the petitioner complied and explained to him everything. Thereafter, the petitioner received a letter dated 27/05/2000 directing him not to work and, accordingly, the petitioner seized to work w.e.f. 27/05/2000. On 16/07/2000, the petitioner was served with a notice to show cause as to why departmental proceeding be not initiated against him on the ground that he concealed his correct date of birth. He should have superannuated on 31/01/1999 but he continued to work even since thereafter, which shows his ill motive and malafide intention. The petitioner submitted his show cause. When no final order was being passed by the authority concerned and the petitioner was not being paid his retiral dues, he filed a writ petition being W.P. (S) No. 3866/2000 (R) for quashing of the show cause notice dated 28/06/2000. The said writ petition was disposed of by order as contained in Annexure -7 to this writ petition directing the respondents to decide the matter by speaking order within a period of two months and also to pay the admitted retiral dues to the petitioner. The petitioner, thereafter, sent a representation praying therein to drop the departmental proceeding, which was initiated after his retirement and to pay his retiral benefits.
(3.) THE respondents Board by an office order dated 12/05/2001, contained in Annexure -10 to this writ petition, finally disposed of the representation of the petitioner rejecting his prayer to drop the departmental proceeding. However, subsequently, the said order was modified by resolution dated 16/07/2001, contained in Annexure -11 to this writ petition, wherein it was mentioned that the Board has decided to take a lenient view of the matter by closing the matter and decided to recover the excess amount of pay and other allowances drawn by the petitioner beyond 31/01/1999, i.e. due date of his retirement, which has been challenged by the petitioner in this writ petition.;