AMARESHWAR SAHAY, J. - (1.) THE writ petitioner was a Panchayat Sevak and he was departmentally proceeded for several charges. One of the main charges against him was that vide letter dated 31/01/1997, the Block Development Officer, Seraiyahat, relieved him to join his transferred post in the Block Office at Nala but he did not join and, thereby, disobeyed the Government's order and, thereafter, he remained unauthorisedly absent from 01/02/1997 to 01/12/1997. The other grave charge against the petitioner was that he defalcated the Government money to the tune of Rs. 37,298/ - , which he was directed to refund but he did not refund the said amount. After joining the District Panchayati Raj Office, Dumka, on 02/12/1997, he again remained unauthorisedly absent from 03/12/1997.
(2.) THE Enquiry Officer held that all the four charges, made against the writ petitioner stood established and proved and, thereafter, he submitted the report to the Disciplinary Authority. The Enquiry Report has been annexed as Annexure -9 to this writ petition. The Deputy Commissioner, being the Disciplinary Authority, vide his order dated 07/03/2003, as contained in Annexure -12, accepted the enquiry report and, thereafter, passed the order of punishment against the petitioner directing him to compulsory retire from service on and from 07/03/2003. He further directed for recovery of the defalcated amount from the legal dues of the petitioner with interest. The petitioner has challenged the aforesaid order as contained in Annexure -12 and has prayed for quashing the same. His further prayer is to direct the respondents to pay his arrears of salary, which has not been paid to him, for the period from; (i) January, March, April, May, June and July 1989, i.e. for about six months. (ii) July to December 1989, i.e. for about six months. (iii) January to December, 1990, i.e. for about 12 months. (iv) January to December, 1992, i.e. for about 12 months. (v) January to December, 1993, i.e. for about 12 months. (vi) May and December 1995, i.e. for two months. (vii) January, March, July and November, 1996, i.e. for four months and January 1997. His further prayer is to pay his salary from February, 1997 till date, which has also not been paid to him.
(3.) THE case of the petitioner is that since he fell ill and, therefore, because of his ill health he could not join his transferred post and even after his joining on 31/01/1997 after being relieved from Saraiyahat, he was not in a position to discharge his duty and, therefore, he remained absent on medical advice. In support of such plea, he submitted medical certificates. His further case is that he had made an application to go on leave from 31/01/1997 to District Panchayati Raj Officer, Dumka.;