High Court Jharkhand High Court

Bhubneshwar Mandal vs Bihar State Electricity Board on 23 July, 2009

Jharkhand High Court
Bhubneshwar Mandal vs Bihar State Electricity Board on 23 July, 2009
         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 2792 of 2003
       Bhubneshwar Mandal ........................                                Petitioner.
                                        Versus
       Bihar State Electricity Board & Ors ...............                    Respondents
                                        ......
       Coram:   Hon'ble Mr. Justice Amareshwar Sahay
                                         ......
       For the petitioner          : Mr. Indrajit Sinha, Advocate
       For the J.S.E.B.            : Mr. A.K.Pandey, Advocate
       For the B.S.E.B.            : Mr. Manoj Tondon, Advocate
                                         ......

6/23.07.2009

Heard the learned counsel for the Parties.

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
-2-

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.

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
-3-

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.

The main contention of the respondents Bihar State

Electricity Board is that since the petitioner was knowing his actual

date of birth and, therefore, under Rule 78 (ii) (a) of the Bihar State

Electricity Board Service Regulation, it was his duty and responsibility

to demit the office on the basis of his date of birth but he continued

even beyond 31/01/1999, the date on which he was due to retire.

Except simply denying about the statement made by the

petitioner in the writ petitioner particularly in paragraphs 9 and 10,

wherein he stated that the letters were sent to the Board by the

petitioner requesting to rectify the wrong entry in his service book, no

specific reply has been given by the Board. It is also not disputed that

the respondents Board took work from the petitioner beyond

31/01/1999 till the date 27/05/2000, the date on which he was

directed to stop work. It is not the case of the respondents that the

wrong entry regarding date of birth in the service book of the petitioner

was recorded because of any misrepresentation or fraud committed by

the petitioner. Whatever mistake was committed in making wrong entry

in the service book was by or at the instance of the concerned person,

who was responsible to make entry in the service book. The blame of

wrong entry in the service book cannot be put on the head of the

petitioner. Therefore, for the mistake committed by the concerned

official of the Board making wrong entry in the service book, the

petitioner cannot be penalized.

In this view of the matter, the resolution of the Board to

recover the amount of pay and other allowance drawn by the petitioner

beyond 31/01/1999 cannot be sustained. Accordingly, this writ

petition is allowed and that part of the order dated 16/07/2001,
-4-

contained in Annexure-11 to this writ petition by which the order has

been passed to recover the excess amount of pay and other allowance

from the amount due as post retiral benefits of the petitioner beyond

31/01/1999, is hereby quashed. The respondents Jharkhand State

Electricity Board is directed to pay the retiral dues to the petitioner as

per the resolution dated 16/07/2001 within a period of eight weeks

from the date of this order.

(Amareshwar Sahay, J)

SI-Mukund/-