MAQSUD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is Deputy Collector. He was posted at Siwan. At the relevant time a criminal case was initiated against the petitioner and he was taken into custody. He was released from the custody and as such the order contained in letter dated 15.12.2000, Annexure -10, was passed that during the period of custody petitioner shall be treated to be under suspension and he shall be entitled to admissible subsistence allowance. The criminal case is pending against the petitioner. In the writ petition grievance has been made that salary for the period 1.2.2000 to 16.2.2000,13.4.2000 to 30.4.2000 and 1.5.2000 to 31.3.2001 has not been paid though the petitioner was on duty. Time was allowed at the request of J.C. to Addl. Advocate General no. 2 to file counter -affidavit but no counter -affidavit has been filed.

(2.) IN the circumstances, writ petition is disposed of on the basis of averment made in the writ petition. The authority concerned is directed to look into the matter with respect to grievance of the petitioner for non -payment of salary for the period indicated above and dispose of the claim by a reasoned order in accordance with law within a period of one month from the date of receipt/production of copy of this order. If it is found that petitioner was on duty during the period as indicated above and legally entitled for the salary for the said period payment must be made without making unnecessary delay. The petitioner has raised grievance of pay protection. The petitioner is permitted to make an application before the authority concerned with respect to the said grievance who shall dispose of the same by a reasoned order in accordance with law.