OM PRAKASH SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is a clear case of harassment which has been met out to the Petitioner because he was put under suspension on 18.12.1993 in anticipation of so-called departmental enquiry which was never initiated in all these years. Later on, suspension was revoked on 13.7.1994 and when payment of salary was not made for the period of suspension including non-payment of annual increments and his time bound promotion etc. the Petitioner knocked the door of the Court.

(2.) There is some reflection in the writ application itself that a criminal case for negligence under Section 304A of the Indian Penal Code was instituted against the Petitioner in which he was exonerated by the Court but the Respondents, it seems, were not satisfied with the finding of the criminal court and wanted to proceed against the Petitioner departmentally. But nothing happened thereafter.

(3.) No satisfactory counter affidavit came from the State because counter affidavit filed on behalf of Respondent No. 4 did not answer the issues raised by the Petitioner as it did not relate to him.