BISWANATH MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was Executive Engineer. He retired from the service with effect from 31.12.1998. While he was in service a departmental proceeding was initiated. After submission of enquiry report punishment was inflicted vide order contained in letter dated 27.8.1997, Annexure -11. The punishment was censure. During the suspension except subsistence allowance nothing shall be paid. However, said period shall be treated as continuity in service and for the period 8.3.1994 to 19.8.1994 no pay shail be given on the basis of principle &aposno work no pay&apos and rest of the period i.e. 20.8.1994 to 30.11.1994 shall be adjusted in the leave of the petitioner. The petitioner preferred appeal against the said order and the appeal was dismissed vide order, Annexure -15.

(2.) LEARNED counsel fcr the petitioner pointed out that no opportunity was given to the petitioner before inflicting punishment i.e. petitioner shall not be entitled to any thing except subsistence allowance during the period of suspension and as such the orders impugned are bad in law. In support of his submission learned counsel relied upon a decision in the case of Ram Asray Prasad Singh V/s. Bihar State Electricity Board, 2000 (3) P.L.J.R. 41. Learned counsel for the respondent, however, tried to support the order, Annexure -11.