VIDYA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was filed for quashing the notice dated 7-3-95 asking the petitioner to show cause as to why an order denying salary during the suspension period in terms of Rule 97 3) end 5) of the Bihar Service Code, be not passed against her. During the pendency of the case, order was passed on 30 9-95 directing that the petitioner will not be paid salary and other allowances except, subsistence allowance during the period of suspension from 25-8-93 to 30-4-94.

(2.) The petitioner was placed under suspension with respect to certain charges relating to her conduct as the Superintendent Incharge, Remand Home. Patna, on 25-8-93, She challenged the order in this Court in C.W.J.C. No. 10657 of 1593. A Bench of this Court by order dated 24-1-94 declined to interfere with the order but directed the respondents to concluds the dpartmental proceeding at an early date. It was directed that if the proceeding is not concluded within a period ef there months, the order of suspension shall stand revoked, It appears that the proceeding was not concluded within the stipulated time-frame and, accordingly, the suspension was revoked with effect from 1-5-94. The petitioner during the pendency of the proceeding superannuated from service on 30-11-94. However, punishment of consurs was awarded to her later on 3-1-95.

(3.) Although the validity of the order dated 3-1-95 has not been challenged, in fairness to the petitioner I must say that then dartmental proceeding which was pending on the date of her superannuation must be deemed to have become infructuous for the purpose of awarding any penalty. The point for consideration in this writ petition, "however, is whether after superannuation Of a Government servant any order denying salary for the suspension period can be passed.