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Judgment
Heard Mr. Hitesh Suman, learned Advocate appearing on behalf of the petitioner and Mr. Kunal Tiwary, learned Advocate for the Bihar State Power Holding Company Limited.
The facts are not in dispute that while the petitioner was working as Store Assistant in the year 1987, he was subjected to criminal as well as departmental proceeding due to alleged defalcation of some amount. The departmental proceeding proceeded against the petitioner finally culminated into punishment of dismissal vide Office Order No. 5513 dated 17.10.1995. Challenge to the aforesaid order also negated by a Bench of this Court vide its order dated 14.11.2008 passed in CWJC No. 12915 of 2000. In the meanwhile, the criminal trial proceeded against the petitioner in connection with CID (Electricity Board) P.S. Case No. 2 of 1987 wherein the petitioner along with others has been convicted vide Judgement dated 20.03.2023 by the Chief Judicial Magistrate, Bhojpur at Ara. Aggrieved, the petitioner preferred Criminal Appeal No. 21 of 2023 and finally the petitioner has been acquitted from all the charges vide Judgment dated 10.12.2025 passed by the Additional Sessions Judge 3rd, Bhojpur at Ara, the copy of which is marked as Annexure P/3. In the aforesaid changed circumstance, the petitioner approached before the authorities concerned for grant of admissible retiral benefits and other dues.
Mr. Kunal Tiwary, learned Advocate for the Bihar State Power Holding Company Limited made a preliminary objection that the writ petition ought to be dismissed on account of delay and latches.
Having considered the rival submissions advanced by the learned Advocate for the respective parties instead of making any observation on the merit of the case, extending liberty to the petitioner to approach before respondent no. 3 by filing a fresh representation along with all the necessary documents in support of his claim as raised in the writ petition, preferably within a period of four weeks from today.
In case such a representation is filed within a period aforenoted, the same shall be considered and disposed off within a further period of eight weeks.
Suffice it to observe that in case the petitioner is entitled to any of the outstanding or admissible dues, the same must be accorded to him.
With the aforesaid liberty and direction, the present writ petition stands disposed off.