LAWS(PAT)-2004-12-28

SURESH CHANDRA SINGH Vs. STATE OF BIHAR

Decided On December 14, 2004
SURESH CHANDRA SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Prayer of the petitioner pertains to payment of arrears of salary and admissible allowances with effect from 20th October, 1995 to 11.3.1998.

(3.) It is submitted by learned counsel for the petitioner that the petitioner reported his joining on 20th October, 1995 and while he was functioning under the respondents, a communication was made to the Superintendent of Police by the Inspector of General of Police, as contained in Annexure-3, to the effect that the services of the petitioner would be deemed to have been terminated in view of Rule 74 of the Bihar Service Code, but till date no such order has been passed by the o Superintendent of Police. However, the petitioner challenged the communication aforesaid before this Court in CWJC No. 7081 of 1997 and this Court directed the disciplinary authority to take decision in the matter within a period of three months and pursuant to direction of this Court the petitioner reported his joining again on 1.4.1998. Learned counsel, in this view of the matter, submitted that since the petitioner had worked in between 20th October, 1995 and 11.3.1998, he is entitled to get his salary with admissible allowances.