UDAY SHANKAR PATHAK SON OF LATE HARI SHANKAR PATHAK, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY GOVERNMENT OF BIHAR, PATNA & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The order dated 4.7.2012 notices the controversy for adjudication as follows:-

(3.) Counter affidavit has been filed on behalf of the respondents. Insofar as the former claim is concerned, it states that consequent to punishment in the departmental proceedings, the question of full salary does not arise. Rule- 97 of the Bihar Service Code has been interpreted in 1988 P.L.J.R. 82 mandating the respondents to give a second show cause notice before withholding full salary. The respondents have not complied the same. The petitioner is held entitled to full salary for the period 13.7.2000 to 27.10.2002. Insofar as the claim for salary thereafter is concerned from 18.10.2002, paragraph-12 of the counter affidavit expressly acknowledges it as the period waiting for posting. If the petitioner was present and available to discharge duties, the respondents could not utilise his services for administrative reasons attributable to them alone, the petitioner cannot be denied salary for the latter period also.