KAILASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved by the office order No. 1902/99 dated 13.9.1999 passed by the Chief of Administration of the Bihar State Road Transport Corporation (hereinafter referred to as "the Corporation"), contained in Annexure -6, whereby and whereunder though the departmental proceeding initiated against him has been withdrawn, yet it has been directed that the period of suspension shall be adjusted as against the leave due to him.

(2.) It is submitted by the learned Counsel for the petitioner that after the proceeding has been withdrawn without culminating into the final order. The respondent -authority is not legally justified in passing the order for adjustment of the period of suspension as against the leave due to the petitioner, inasmuch as by doing so the petitioner has been arbitrarily denied of the leave salary as admissible under the Rules.

(3.) Mr. Verma, learned Counsel appearing for the respondent -Corporation has submitted that there is no illegality in the impugned order. In this regard, he has referred to Rule 97 of the Bihar Service Code (hereinafter referred to as 'the Code'), which empowers the authority to determine as to how the period of suspension should be treated. He submitted that the present case is covered by Sub -rule (3) of Rule 97 of the Code as neither it is a case where the petitioner has been fully exonerated nor that the suspension has been found to be wholly unjustified in which case Sub -rule (2) provides that the Government servant shall be given full pay and allowances to which he would have been entitled. According to the learned Counsel, it is a case where the proceeding was initiated in 1998, but could not be concluded till his retirement on 31.1.1999 and as such, the departmental proceeding initiated against the petitioner was terminated and the order for adjustment of the period of suspension as against the leave due to him has been passed in terms of Sub -rule (3) read with Sub -rules (4) and (5) of Rule 97.