SUBODH KUMAR SINGH S/O SRI SATYA NARAIN SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Petitioner was put under suspension and even sent to jail on the basis of an FIR lodged against him. While he was in custody naturally he was under suspension but now that suspension order has been revoked. There are serious allegations against him of misappropriation of funds under various schemes of the school for which a departmental proceeding has also been contemplated but is yet to start.

(2.) If the respondents have already revoked the suspension order of the petitioner then the court fails to understand that merely because there is a contemplated departmental proceeding against the petitioner that can form the basis for withholding the salary of the petitioner. If that is allowed it may amount to imposition of a kind of punishment in anticipation of the outcome of the departmental enquiry.

(3.) In absence of any cogent explanation offered on behalf of the respondent authorities, the Court will direct the District Programme Officer (Establishment) to proceed against the petitioner departmentally but that will not come in the way of the petitioner being paid his regular salary after the revocation of his suspension. The outcome of the departmental enquiry and the finding, which may emerge, may lead to imposition of suitable punishment, if the occasion arises. But at this juncture, this Court finds no justification in allowing the respondents to withhold the salary of the petitioner.