BASDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) The grievance of the petitioner is that though he is working as peon under the respondents, his salary has been stopped with effect from July 1997 even in absence of a departmental proceeding or an order of suspension.

(3.) Learned Counsel appearing on behalf of the petitioner was appointed as a peon under the respondents on 10-2-1966 and while he was functioning on the post of peon, he was made an accused in Dehri (Indrapuri) Police Station Case No. 101 of 1998, which would be evident from Annexure 13 of the writ application. However, subsequently, he was released on bail by the learned Chief Judicial Magistrate, Rohtas at Sasaram. It is further submitted that the petitioner even was not put under suspension either on account of his remand to Jail custody or on criminal charge nor he was put under suspension in the departmental proceeding. It is also submitted that by order as contained in Annexure-10, the authorities decided to initiate a departmental proceeding against the petitioner on 19-2-1998 and a direction was issued to conclude the departmental proceeding within one month, but till date neither the proceeding has been initiated nor charges have been served upon the petitioner, still then his salary has been stopped.