PRADEEP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Shailendra Kumar Sinha, learned counsel for the petitioner and learned AC to Govt. Advocate no.3.

(2.) The sole petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of a Notification No.394 dated 26.04.2005 (Annexure -3 to the writ petition), whereby while rejecting the representation of the petitioner, the Dy. Secretary, Agriculture Department, Govt. of Bihar has held that during the period of suspension i.e. from 17.03.2003 to 14.07.2003 ( correctly 14.07.2004), the petitioner shall not be entitled to get anything, save and except subsistence allowance.

(3.) Short fact of the case is that by order, contained in Memo No.304 dated 17.03.2003 vide Annexure -1 to the writ petition, the petitioner was put under suspension in contemplation of departmental enquiry. The petitioner was put under suspension with effect from 17.03.2003 on an allegation of unauthorised absence and not taking interest in the work of different schemes. After receipt of the enquiry report submitted by the conducting officer, the departmental proceeding against the petitioner was dropped with a direction to record 'Censure'. Nothing was indicated while recording 'Censure'. Since it was not clarified regarding payment of salary during suspension period, the petitioner filed representation claiming salary for the period of suspension. However, vide Annexure -3 to the writ petition, the representation of the petitioner was rejected and it was held that the petitioner shall not be entitled to get anything, save and except subsistence allowance.