BRAJ BHUSHAN RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. P.K.Shahi, learned counsel for the petitioner and JC to GP I for the respondents.

(2.) THE only grievance of the writ petitioner is that though he waited for posting for the period 10.8.1990 to 29.9.1993, his due salary was not paid.

(3.) LEARNED counsel for the State, however, submitted that the petitioner since remained absent for about three years, he is not entitled for any salary. In his counter affidavit the factum that the petitioner joined the office of the Chief Engineer, Dehri -on Sone on 10.8.1990 is not disputed nor it is disputed that necessary correction was made in the notification vide order dated 29.9.1993. At the same time, it is not the case of the Respondent State that any proceeding was initiated against the petitioner for his alleged absence from office. Mere saying of the respondents that the petitioner absented from duty will not suffice to withhold his salary for the period, as referred to above.