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Judgment
Heard learned counsel for the petitioner and Bihar State Power Holding Company Limited (hereinafter referred to as the ‘Company’).
The petitioner had moved the Court for the following reliefs:
“ That the present application is for issuance of writ in the nature of writ of certiorari for quashing the order of punishment as contained in
Annexure-5 dated 19.3.1999 passed by the concerned Authority punishing the petitioner by withholding five percent of pension from the
petitioner’s post retirement benefit without considering and properly acknowledging the fact and legal aspect of the matter that a government
servant is exonerated from the charge by the inquiry officer then the disciplinary authority has to issue a show cause differing with the inquiry report
and only after considering the same second show cause can be issued to the concerned government employee which is clearly held by the judgment
given by Hon’ble Supreme Court in Kunj Bihari Mishra case and since procedure has not been followed the petitioner is entitled for five percent
pension with all consequential benefits as passed by Disciplinary authority and since the petitioner is a patient of cancer and he is traveling to pillar to
post for several years he is entitled to 18% interest for the amount illegally withheld by the concerned authority. And/or pass such other order or
orders as this Hon’ble Court think fit and proper.â€
Learned counsel for the petitioner submitted that the authorities while serving second show cause had also communicated the punishment which is
in the teeth of the law laid down by the Hon’ble Supreme Court in the case of Punjab National Bank v. Kunj Behari Misra reported as AIR 1998
SC 2713.
Learned counsel for the Company submitted that the punishment order was passed in the year 1999 and the petitioner having superannuated in the
year 1997, the writ petition having been filed after 17 years, is liable to be dismissed on this ground alone.
Having considered the rival contentions, since the punishment relates only to withholding of 5% pension and also considering the fact that the
matters have now been settled for almost two decades, the Court does not feel inclined to interfere. Accordingly, the writ petition stands disposed off.