Lal Bihari Singh v. Bihar State Electricity Board And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.701 of 2013 ====================================================== Lal Bihari Singh, S/O Late Shyam Lal Singh, Assistant Controller, Transmission Sub Station, Supaul, P.S., P.O. & District- Supaul .... .... Petitioner
Versus
1.
Bihar State Electricity Board through its Secretary, Vidhyut Bhawan, Bailey Road Patna- 800001 2.
The Chairman, Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna- 800001 3.
The General Manager Cum Chief Engineer, Bihar State Electricity Board, Transmission Zone- II, 132/33 KV Grid S/S Campus, Bhikhanpura, P.O. Khabra, Muzaffarpur- 843146 (Bihar) 4.
Superintending Engineer, Bihar State Electricity Board, Transmission Circle, Patna 5.
Executive Engineer, Bihar State Electricity Board, Supaul Transmission Sub-Station Supaul 6.
Executive Engineer, Electrical Board Koshi Jal Shakti Adhisthan Birpur, Supaul 7.
Assistant Engineer, Bihar State Electricity Board, Supaul in Charge Transmission Sub-Station Supaul .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Bhartee For the Respondent/s : Mr. Vinay Kirti Singh ======================================================
CORAM:
HONOURABLE MR.
JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the Electricity Board (now Power Holding Company).
2. The petitioner seeks release of the entire amount of penal rent deducted from his salary since October, 2010.
3. The petitioner was appointed on the post of Assistant Operator on 23.07.1984. Later on, he was transferred to Grid Sub Station, Supaul on 06.02.2006. He was allotted a quarter at Supaul. The petitioner was again transferred to Kataiya
Patna High Court CWJC No.701 of 2013 (6) dt.01-10-2015 2 / 3 Transmission Sub-station on 2206.2009, where he joined on 26.06.2009. A quarter was also offered, which declined. After about six months, the petitioner was retransferred from Kataiya to Supaul, where he joined on 16.12.2009 and shifted in his old quarter.
4. It appears that the respondent charged the normal rent for the Month of July, 2009. However, for the AugustSeptember, 2009, five times the rent was charged, which increased to 10 times for October to December, 2009. Again penal rent was charged from October, 2010 onwards totaling Rs. 1,14,761/-.
5. The petitioner is aggrieved with charge of penal rent from August, 2009 onwards. He submits that at any point of time, he retained only one official quarter and as such he was not liable to pay the penal rent. He submits that he did not take quarter at his transferred place at Kataiya, but in stead he retained the one at Supaul, from where he was transferred.
6. On the other hand justifying the penal actions, counsel for the Board submits that penal rent has been charged as per the office Order No. 3388 dated 07.08.1985. As per office order, if a person is transferred, he has formally to vacate the premises, which the petitioner did not do. He did not vacate his premises at Supaul and as such penal rent was charged for its
Patna High Court CWJC No.701 of 2013 (6) dt.01-10-2015 3 / 3 occupation from the second month and accordingly deduction has been made from his salary.
7. The petitioner in reply submits that in any view of the matter since he was retransferred in December to Supaul, no penal rent should have been charged for the period beyond December, 2009.
8. In my view, the petitioner should approach the respondent no.3, the General Manager, with his representation, who would dispose of the same within a period of two months from the date of receipt of a copy of this order and would provide a hearing.
9. This application stands disposed of.
(Samarendra Pratap Singh, J.) Uday/- U