SHALIGRAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer is to quash the order dated 4.3.2004 passed by the Chief Engineer, Minor Irrigation Department, Patna (respondent no. 2), whereby and whereunder the petitioner has been treated as absent from duty from 18.1.2003 to 16.9.2003 and has further been asked to submit application for grant of earned leave for the said period.

(2.) IN short, the relevant facts are. that the petitioner while posted as Typist in the office of the Executive Engineer, Minor Irrigation, Patna Division was transferred to the office of the Executive Engineer, Minor Irrigation Division, Aurangabad, vide order dated 26.12.2002 (Annexure 1) issued by the Chief Engineer, Minor Irrigation Department, Patna (respondent no. 2). The name of the petitioner finds place at serial no. 6 in the said order. The said transfer order itself clearly mentioned that all transferred employees must be relieved by 15th January, 2003 and that their salary of January, 2003 shall be paid from their new place of posting.

(3.) IT is submitted that the petitioner though was entitled for salary for the period in question, but the respondent authorities started pressurising him to apply for earned leave and by the impugned order treated him absent from duty during the said period. The petitioner has also alleged that he was not given the charge of the transferred post for mala fide reason as is evident from the fact that the "person working on the said post was not relieved.