MADBVIDEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for a direction to the respondent No. 2, the Home Commissioner, Department of Home (Police) to make necessary payment of arrears of salary which is due to her deceased husband for the period of his suspension and dismissal The petitioner has also prayed for time bound promotion/increment in pay allegedly due to her husband (deceased) during his service tenure.

(2.) The husband of the petitioner was appointed as a Clerk in the office of the Superintendent of Police, Saharsa, on 16-11-1956. Wherefrom he was transferred to Begusarai and subsequently to the office of the Superintendent of Police, Sahebganj. On 30-7-1966 the husband of the petitioner was put under suspension and three departmental proceedings were initiated against him. Finally in the year 1969 the husband of the petitioner was dismissed from the services in a departmental proceeding being No. 44/66. The husband of the petitioner filed an appeal to the Inspector-General of Police and thereafter a memorial to the State Government was also filed. The State Government directed reinstatement of the husband of the petitioner in Service However, it was also ordered that three increments from his salary with cumulative effect be withheld and a censure be recorded in his service book. It was further observed that the husband of the petitioner will not be entitled to the full pay and allowances for the period he was not in service. The order of the State Government was communicated to the Lembodar Mishra, which is contained in Annexure-1 to the writ application.

(3.) The husband of the petitioner thereafter filed a writ petition in this bourt being CWJC No. 2534 of 1982 and by a judgment of this court dated 7th October, 1988 as contained in Annexure-2 to the writ application, this Court held as follows :-