RAM KRISHNA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 5.10.98 (Annexure 1) issued under the signature of the Additional Secretary, Department of Science and Technology, Govt. of Bihar, whereby a sum of Rs. 1,02,194.26p. is sought to be recovered from the petitioner, and he has also been deprived of the differential of salary for the period of suspension.

(2.) THE petitioner was an employee of the Bihar Government and had last served the Bhagalpur Engineering College, Bhagalpur, as Head Clerk -cum -Accountan. It appears that the petitioner had engaged himself in acts of defalcation of the government funds and was, therefore, placed under suspension by order dated 29.7.77. By order bearing memo no. 227, dt. 17.1.87 (Annexure 8), his suspension was revoked with effect from 17.1.87. In other words, the petitioner was placed under suspension from 29.7.77 to 16.1.87. The petitioner was subjected to departmental proceedings and was dismissed from service by office order no. 4291, dt. 16.12.82 (Annexure 7). The petitioner does not seem to have a regular appeal against the order of dismissal. It appears to me from a perusal of the records that on account of some intervening factor, his belated representation was treated as appeal which was disposed by the said order bearing memo no. 227, dt. 17.1.87 (Annexure 8), whereby the order of dismissal (Annexure 7) was set aside and was substituted by a much lesser punishment. The suspension against him was revoked with effect from 17.1.87, and it was ordered that he shall not be entitled to anything beyond the subsistence allowance for the period of suspension which would, however, be subject to audit objections as well as the decision of the court with respect to the trial pending against the petitioner for defalcation of the amount in question. It may incidentally be mentioned that an F.I.R. had also been lodged against the petitioner and others for defalcation of the amount in question. The petitioner along with one more was charge -sheeted and was sent up for trial. He was, however, acquitted by judgment dated 23.8.94, passed by Sri Girija Nandan Prasad Azad, SDJM in GR Case No. 1639 of 1977/Tr. No. 48 of 1994 (State of Bihar vs. Ram Krishna Mandal & Anr.). A copy of the said judgment is marked Annexure 6 to this writ petition. I am informed at the bar that the same was not challenged before higher court and became final.

(3.) WHILE assailing the validity of the impugned order, learned counsel for the petitioner has advanced two -fold submissions. He submits that in view of the aforesaid order dated 17.1.87 (Annexure 8), whereby the order of dismissal was set aside, it follows as a matter of natural corollary that the period of suspension comes to an end. In his submission, therefore, he is entitled to the differential of salary for the period of suspension. Learned counsel next submits that the quantification of the amount sought to be recovered from the petitioner is unjust and inflated.