MADAN MOHAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has come to this Court challenging the order dated 16.4.2004 as passed by the State (Annexure -12) as well as the order dated 1.2.2008 (Annexure -15) by which State has refused to recall the said order, upon representation being filed, pursuant to orders of this Court. It may be noted that the petitioner was punished in the departmental proceedings with reduction of his pensionary benefits by 50%. That is a subject matter of separate writ petition.

(2.) . What happened in the present case is that with an order withholding 50% of the pensionary benefits, the disciplinary proceedings were concluded by order dated 13.1.2004. The petitioner, while in service, was suspended. Pending departmental proceedings, he superannuated. While being suspended, the disciplinary proceedings were carried out with the aid of Rule 43(b) of the Pension Rules. Upon superannuation, the suspension itself lapsed and ordinarily the petitioner was entitled to receive such remuneration for the period of suspension but no such payments were made. Punishment order was passed on 13.1.2004 but no order withholding the payment of suspended period having been passed, the disciplinary proceeding came to an end. Petitioner then asked for payment of such remuneration of suspended period which he has become entitled to. In addition making the said payment on 16.4.2004 (Annexure -12), a fresh order was passed wherein it was ordered that nothing more is paid for the period of suspension. Petitioner assailed the order before this Court. This Court directed the petitioner to represent before the authority against the said order and the authorities were directed to consider the matter. The case was, thus, disposed of by this Court. Upon petitioner&aposs representation dated 1.2.2008 (Annexure -15), an order was passed refusing to recall the order as such.

(3.) THUS , for the reasons aforesaid, the writ petition is allowed and Annexures - 12 and 15 are quashed. It is directed that the petitioner is entitled for full payment of remuneration for the period he remained suspended. State would ensure payment within three months from the date of production of a copy of this order before the Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.