RAM CHANDRA TANTI Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner has approached this court seeking quashing of the concluding portion of the order dated 29.10.1997, annexure 3, whereunder he has been allowed salary from the date of joining the post of Chawkidar. He contends that he was working as a Chawkidar under the Chautham Police Station of Circle No. 4/4 and he had been implicated in G.R.P.S. case No. 430/1982 appertaining to sessions trial No. 712 of 2002 and on account of said implication he was removed from the service of Chawkidar. Later when he was acquitted on 21.1.1986 he applied before the authorities that he should be reinstated. The authorities kept pending his representation and, ultimately, he approached this court in C.W.J.C. No. 7050/ 1996. This court under order dated 2.5.1997, annexure 1, directed the authorities to consider the representation whereafter impugned order has been passed directing his reinstatement but he has been allowed payment of salary with effect from the date of his joining.

(3.) ON the other hand, learned G.P.Vll Sri Rahman has appeared and submitted before me that the petitioner was acquitted on 21.1.1986 and thereafter he intentionally kept himself out of job and approached this court by filing the writ petition in the year 1996, as such, when he has been allowed to be reinstated in compliance of the directions of this court the authorities should not be forced to pay the back wages for the period during which the petitioner himself forcibly remained out of job. In this connection, he also submits that the Chawkidars were not entitled to any salary during the period 1982 to 1990 and during that period they were only entitled to allowance.