IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13935 of 2010 Basant Lal, Son of Late Uma Prasad, resident of Bageshwari Road, Chandra Jyoti Kutir, Gaya, P.S. Gaya ( Kotwali), District-Gaya, at present resident of Ashiana Wood Land, OAK Wood-7/027, near Kali Mandir, N.H.-33, Pardih, Mango Road, Police Station-Mango, Jamshedpur ( Jharkhand) -------------- Petitioner Versus 1. The State Of Bihar through Chairman, Bihar State Electricity Board,Baily Road,Patna 2. The Chairman, Bihar State Electricity Board, Baily Road,Patna 3. The Secretary, Bihar State Electricity Board, Baily Road, Patna 4. The Director of Account, Bihar State Electricity Board,Baily Road,Patna 5. The General Manager-cum-Chief Engineer, Barauni ,Thermal Power Station, Barauni, District-Begusarai 6. Dy. General Manager (Administration), Barauni Thermal Power Station Barauni, District-Begusarai 7. The Electrical Executive Engineer (Administration), Barauni Thermal Power Station Barauni, District-Begusarai 8. The Account Officer, Barauni Thermal Power Station Barauni, District-Begusarai ---------------------- Respondents. ----------- 03 04-01-2011 Heard Sri Ranjan Kumar Jha, learned counsel for the petitioner and Smt. Namrata Mishra, learned counsel appearing on behalf of all the respondents/Bihar State Electricity Board. The petitioner, who retired as Assistant Controller (Technician) Operation at Barauni Thermal Power Station, Barauni on 30.6.2005, has prayed for directing the Respondents to make payment of the gratuity amount, leave encashment and payment of over time dues from 1996 to 2002. It has been categorically stated 2 by the petitioner that neither any departmental proceeding was pending against him nor he was accused in any criminal case. It has further been stated that leave encashment of 180 days was sanctioned by the Department and communicated to the petitioner vide Memo No.1201 dated 5.5.2005 and vide office order No.140 dated 5.7.2005, gratuity amount of Rs.3, 17,295/- was sanctioned and communicated to the petitioner, but till date neither any amount of leave encashment or gratuity has been paid to the petitioner nor the petitioner has been paid over time dues from 1996 to 2002. In this case by filing counter affidavit, the stand of the petitioner has not been disputed. However, it has been stated that the amount allocated for the purpose was misappropriated by some of the officials of the Bihar State Electricity Board and for which an enquiry is going on. Orally, it has been intimated by Smt. Namrata Mishra, learned counsel appearing on behalf of the Respondents that for that misappropriation, an F.I.R. vide Chakia P.S. Case No.128 of 2009 has also been instituted. The reason for non-payment of the aforesaid amount is pendency of the enquiry as well as the police case. On this ground, the payment of the aforesaid amount is not being made to the petitioner. In view of the admitted dues of the petitioner, there is no reason to delay the payment of the said amount to the petitioner only on the ground of pendency of the enquiry or pendency of investigation in police case. Accordingly, the Court is of the opinion that the petitioner is entitled to get the amount of gratuity and leave encashment, which 3 was already sanctioned in his favour along with compoundable interest at the rate of 9 % per annum till the date of payment. So far as payment of over time dues is concerned, Respondents, particularly Respondent no.3 , i.e. the Secretary, Bihar State Electricity Board, Baily Road, Patna is directed to examine the same and pass appropriate order for payment of the over time dues also. The entire payment is to be made to the petitioner within a period of two months from the date of receipt/production of a copy of this order. With above observation and direction, the petition stands allowed. It is made clear that after completion of enquiry by the Board, the interest, which has been directed to be paid to the petitioner, shall be recovered from the pocket of the concerned Officers/employees. NKS/- ( Rakesh Kumar, J.)