JAGMOHANLALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of this case lie in a narrow compass. The petitioner was appointed as Gram Sewak of Sakri Gram Panehayat by an order of the Collector of Shababad dated 16th January, 1951 and in pursuance thereof he, after completing his training, joined the post on 5th March. 1951 The petitioner's case is that on a false allegation of defalcation of fund, he was suspended by order No. 117 under memo No. 7 dated 20th January, 1976 passed by the District Development Officer, Rohtas. The same would appear from Annexure-2 to the writ petition. The petitioner thereafter by office order No. 15860 dated 15th October, 1976 was promoted to the post of Gram Panchayat Supervisor. But as the petitioner could not join the promoted pest because of his suspension order, he submitted a representation dated 3rd November. 1976 to the Director of Panchayati Raj, Bihar, standing therein that he has not been relieved from suspension to join the promoted post. Thereafter the petitioner also filed a petition before the District Magistrate, Rohtas which was numbered as Misc. Case No. 16 of 1980 for the release of his suspension order. By order dated 25th August, 1980. the Collector of the district of Rohtas, who was also the District Magistrate, Rohtas passed an order to the effect that the petitioner, in the ends of justice, should be released from suspension but the criminal case against him may proceed. It was further stated that the order relating to his salary during the period of his suspension and also for the purpose of pension and leave etc. will be passed after the disposal of the criminal case pending against him. In fact an order to that effect. was passed on 16th September, 1980 from the office of the District Panchayat, Rohtas, Sasaram. The same is Annexure'5 to the writ petition. The said order was passed on the basis of the order passed by the District Magistrate, Rohtas dated 25th August. 1980 (Annexure-4>.

(2.) Thereafter by an order of the District Magistrate dated 30th December, 1984 the petitioner was found not guilty in the'criminal case and was also exonerated from the charges in the disciplinary proceeding and the same was dropped. The same would appear from Annexure-7 to the writ petition. Thereafter the petitioner was again promoted to the post of Gram Panchayat Supervisor by the office order of the Director Panchayati Raj-cum-Joint Secretary, Rural Development Department, Government of Bihar, Patna vide memo No. 6767 dated 21st October, 1986. In the said order dated 21st October, 1986 it was made clear that as the petitioner stands exonerated from all charges, the period of his suspension has been treated as period spent on duty.

(3.) Prior to the said order, on 24th May, 1985 an order was passed, on consideration of a representation of the petitioner, by the District Magistrate, Rohtas at Sasaram to the Director, Panchayati Raj Directorate, Bihar, Patna with a request for considering the case of the petitioner sympathetically for promotion to the post of Gram Panchayat Supervisor. The said order dated 24th May, 1985 has been made Annexure-10 to the writ petiton. It is presumably on the basis of the said order of the District Magistrate that the order of promotion of the petitioner was passed on 21st October, 1986. The petitioner on completion of 58 years of his age superannuated on 31st January, 1989.