MANORANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the State.

(2.) SIMPLE prayer of the petitioner in this case is for a direction to the respondents no. 2, 3 and 4 to make payment of his salary including annual increment and other allowances for the period of suspension, i.e. for the period 14.11.2000 to 31.1.2003. Petitioner was posted at Deoghar, when criminal Cases bearing R.C. 35(A), 38(A) and 45(A) of 1996 were instituted in which he was not named but his name was subsequently included as accused. When the charge -sheet was submitted petitioner 'sname was also there in the column of the accused. Petitioner was granted bail in those cases. He was put under suspension by order passed by the Animal Husbandry Department on 14.1.2000 in view of the criminal cases instituted against him. Suspension order was passed in anticipation of initiation of a departmental proceeding but it was never initiated against the petitioner. On completion of 58 years on 31.1.2003 he superannuated from his service.

(3.) PETITIONER 'scase is that till the date of superannuation there was no departmental proceeding pending against him and he had not been awarded any punishment in criminal cases which are still pending and no final order has been passed in the criminal cases. The petitioner has neither been awarded any punishment in departmental proceeding nor convicted in any of the criminal cases.