ORDER
S.J. Mukhopadhaya, J.
1. The petitioner was in the services of the State in its Road Construction Deptt. While posted as Junior
Engineer at Barhi he was asked to submit
explanation relating to certain allegation by
Joint Secretary (Vigilance) vide letter No.
3102 (S), dated 17th May, 1994. The petitioner having denied the allegation, the
Engineer-in-Chief-cum-Special Secretary,
Road Construction Deptt., Patna vide order
No. 367, dated 28th October, 1994 initiated-
a departmental proceeding. The petitioner
submitted reply on 28th of February, 1995
and requested to exonerate him from the
charges. Thereafter, the respondent-Engineer-in-Chief-cum-Special Secretary,
Road Construction Department vide order
No. 418, dated 11th October, 2000 imposed
punishment of censure to be recorded in
character roll for the year 1991-92, stop
page of one annual increment with cumulative effect, stoppage of promotion for three
years with further direction to recover a
sum of Rs. 2,54,279.75 (Rs. Two lakhs fifty
four thousands two hundreds seventy nine
and seventy five paise) proportionally from
the petitioner. The order of punishment
dated 11th October, 2000 was modified
vide order No. 303, dated 28th July, 2001
issued by Engineer-in-Chief-cum- Special
Secretary, Road Construction Deptt., Patna
wherein in place of recovery of Rs. 2,54,279,75
(Rs. Two lakhs fifty four thousands two
hundreds seventy nine and seventy five
paise) it was ordered to read recovery of Rs.
23,110.75 (Rs. Twenty three thousand one
hundred ten and seventy five paise).
2. From the pleadings made by petitioner and counter-affidavit filed by respondents it is evident that though the proceeding was initiated under Rule 55 of the Civil Services (CCA) Rules, 1930 but no day- to-day enquiry was made. There is nothing on the record to suggest that any enquiry report was submitted by the enquiry officer. On the other hand, it appears that the order No. 418, dated 11th October, 2000 was issued on the basis of a letter of
Cabinet (Vigilance) Department No. 4178 dated 27th August, 1993.
3. It appears that similar action was taken against other Engineers who were posted as Executive Engineer, etc. in their case this Court vide order dated 26th February, 2001 in CWJC No. 70/2001 and analogous cases set aside the similar orders of punishment having passed in violation of rules of natural justice.
4. In the facts and circumstances, as no day-to-day proceeding have been conducted and the order of punishment was passed without taking into consideration any enquiry report, the punishment, order No. 418, dated 11th October, 2000 as modified vide order No. 303. dated 28th July, 2002 is set aside with liberty to respondents to proceed further, if they so chose, in accordance with law for the purpose of Rule 43{b) of the Bihar (now Jharkhand) Pension Rules, 1950 (now 2000).
5. The petitioner having retired from service on 31st January, 2002, the respondents are directed to release and pay the provisional pension/gratuity full leave encashment, provident fund amounts, etc. within three months from the date of receipt/production of copy of this order, if not yet released.
6. If the respondents failed to proceed further and do not pass any order under Rule 43(b) of the Pension Rules, 1950 within six months from the date of receipt/ production of the copy of this order, they will pay the rest of pension and gratuity after finalisation.
7. The writ petition stands disposed
of with aforesaid observations and directions.