JAGANNATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by a Judicial Officer to challenge the decision dated 12th March 2010 of the High Court not to allow the petitioner full pay and allowances during the period he was placed under suspension pending the disciplinary proceeding.

(2.) It appears that certain bail orders made by the petitioner, the then Additional District & Sessions Judge, Fast Track Court No.2, Jamui, were the subject matter of scrutiny by the High Court. After such scrutiny a disciplinary proceeding was initiated against the petitioner under the Memorandum of charge dated 24th September 2009. Pending the scrutiny and the disciplinary proceeding, under order dated 29th July 2009, the petitioner was placed under suspension. After holding due departmental enquiry, the enquiry officer recorded findings in favour of the writ petitioner. Pursuant to the said findings the High Court, under its order dated 10th March 2010, decided to exonerate the petitioner and to revoke the order of suspension. He was ordered to be posted as Additional District & Sessions Judge at Jamui. It was further ordered that during the period of suspension "he shall be treated on duty for all purpose except that he shall not be entitled to anything apart from subsistence allowance". In other words, the petitioner was not allowed full pay and allowances for the period spent under suspension although he was fully exonerated. The petitioner's representation against the said order was rejected by the High Court on 24th July 2010. Feeling aggrieved the petitioner has approached this Court under Article 226 of the Constitution.

(3.) Mr. V.K. Sharma has appeared for the petitioner. He has submitted that in the event the disciplinary authority intends to withhold the full pay and allowances payable to a government servant during the period of his suspension, such government servant is entitled to a hearing. In support of this submission Mr. V.K. Sharma has relied upon the judgments of the Hon'ble Supreme Court in the matters of M. Gopalkrishna Naidu Vs. The State of Madhya Pradesh, 1968 AIR(SC) 240, Manzoor Ahmed Mazumdar Vs. State of Meghalaya & Ors, 1997 11 SCC 374 and the judgments of this Court in the matters of Sri Mahabir Prasad Vs. State of Bihar & Ors,1988 PLJR 82; Ramashray Prasad Singh Vs. State of Bihar & Ors, 2000 3 PLJR 41; Pramod Kumar Vs. The Champaran Kshetriya Gramin Bank & Ors, 2003 4 PLJR 68 and Biswanath Mitra Vs. State of Bihar & Ors, 2003 4 PLJR 71.