Kusheshwar Mishra v. The Bihar State Power Holding Company Limited And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13494 of 2013 ====================================================== Kusheshwar Mishra S/O Late Bhulan Mishra Resident Of Village- Prabhat Nagar, Ward No. 25, P.S- Katihar, District- Katihar. ... ... Petitioner/s
Versus
1.
The Bihar State Power Holding Company Limited., Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna Through Its, Secretary. 2.
The Chairman, The Bihar State Power Holding Company Ltd., Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna. 3.
The Joint Secretary, The Bihar State Power Holding Company Ltd., Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna. 4.
The Superintending Engineer, Electrical Supply Circle Munger, DistrictMunger. 5.
The Deputy General Manager H.R/ Administration, Bihar State Power Holding Company, Ltd., Bihar State Electricity Board, Vidhyut Bhwan, Bailey Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar Jha, Advocate For the Respondent/s :
Mr.Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-09-2024 Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "That this writ application is being filed for issuance of an appropriate writ/writs, order or orders in the nature of certiorari for quashing of the memo of charge dated 14.05.2013 issued under the signature of respondent No.4 by which the respondent No.4 has issued the aforesaid letter framing two groundless charges having no foundational fact only with a view to harass and humiliate the petitioner as the petitioner has already been retired from the post of Accounts Officer from the office of respondent No.4 the Superintending Engineer, Supply Circle, Munger with
Patna High Court CWJC No.13494 of 2013(5) dt.30-09-2024 2/3 effect from 30.01.12 and in spite of that he is neither getting the pension and the gratuity amount reasons best known to them and further for any other appropriate relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case.
2. Considering the statement made in paragraph nos.7 and 8 of the counter affidavit filed on behalf of respondents and its officials, it appears that for the reason that the petitioner has handed over his complete charge to his successor employee actually on 30.06.2012 and not on 29.07.2011, the departmental proceeding has been initiated against him and 90% pension is being paid to the petitioner. However, no information in respect of final result of the departmental proceeding has been brought on record.
3. Considering the aforesaid fact, the respondent concerned is directed to communicate the petitioner in respect of the result of the departmental proceeding, so that the petitioner may avail appropriate legal remedy, in case he is aggrieved by any order passed during the pendency of the writ petition by the authority concerned.
4. It is made clear that petitioner has not been able to inform in this respect before this Court about any development which has taken place.
Patna High Court CWJC No.13494 of 2013(5) dt.30-09-2024 3/3
5. The writ petition is accordingly disposed of.
6. Interlocutory Application(s), if any, also stands disposed of.
(Purnendu Singh, J) Sanjay/- U