SUNIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a petition for initiating contempt proceeding for alleged disobedience of order dated 4.10.99 in CWJC No. 958 of 1998.

(2.) THE petitioner along with three others had filed the writ petition seeking direction upon the respondents to post them as Enforcement Sub -Inspector in the Transport Department and pay them arrear as well as current salary. The Court observed, as regards the first prayer, that the petitioners are not entitled for their posting as Enforcement Sub -Inspector. As regards the second prayer, observing that the Transport Department was not liable for salary for the period after the petitioners stood relieved from the post of Enforcement Sub -Inspector on or about 16.12.95, the Secretary Home (Police) Department, was directed to determine the petitioners ' entitlement of salary from 16.12.95 in accordance with law.The Court observed that if the petitioners were not provided any posting in the Home (Police) Department, the Secretary would further determine whether they would be entitled to full salary in absence of order of posting.

(3.) BE that as it may, before coming to the question of compliance of the order relating to salary, a few facts may be stated. Before his deputation to the Transport Department and his posting as Enforcement Sub -Inspector, the petitioner was posted in Dhanbad district. After he was relieved by the Transport Department on 16.12.95 and the service book etc. were returned on 26.12.95 the petitioner did not submit his joining there. On 8.11.96 the Superintendent of Police, Dhanbad informed the police headquarters regarding his nonjoining. On 14.11.96 the Headquarters issued instructions to the effect that if the petitioner does not join Dhanbad District Police Force by 15.1.97 he should be placed under suspension. In the light of the said instructions of the headquarters on 16.1.97 the petitioner was placed under suspension by Dhanbad District Order no. 126/96. Nevertheless, after the High Court passed the order in the connected case on 4.10.99 the Home (Police) Department by memo no. 15797 dated 16.12.99 directed the DGP Bihar to accept the petitioner 'sjoining and post him on a vacant post and also pay him arrear salary. As already indicated above, the petitioner had been placed under suspension on 16.1.97 itself and, therefore, there was no question of acceptance of his joining and posting as if he was entitled to regular posting. Be that as it may, direction was issued to accept the petitioner 's joining in Dhanbad district From the show cause of the DGP and DIG (Personnel) it appears that the petitioner gave his joining at Dhanbad on 8.1.2000 but only to disappear from the next day. On 17.1.2000 the Superintendent of Police, Dhanbad informed the Headquarters about the non - availability of vacant post in the rank of Sub -Inspector whereafter the petitioner was transferred to Garhwa district. As the petitioner would have it, he did not join at Garhwa too and continued to be absent. To facilitate payment of subsistence allowance/pay for the earlier, a vacant post of Sub - Inspector of Special Branch at Patna was temporarily transferred to Dhanbad district on 3.10.2000. A departmental proceedings being Dhanbad District Departmental Proceeding no. 126/ 2000 was initiated against the petitioner for his non -joining at Garhwa. Another proceeding being Dhanbad District Departmental Proceeding no. 205/2000 was initiated for his absence after a single day 'sjoining on 8.1.2000 at Dhanbad after the petitioner stood relieved from Transport Department. Earlier, departmental proceeding no. 10/97 had been initiated with respect to the petitioner 'sacts of omission and commissions in which finally he was dismissed from service on 28.1.2002 by the Range DIG of Police, Bokaro. In view of the dismissal order the other two proceedings i.e. proceeding nos. 126/2000 and 205/2000 have been kept in obeyance.