RAMAGYA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr, Vinay Ranjan for the petitioner, and Mr. Prabhat 'Kumar Verma, learned Additional Advocate General No. 11. The petitioner at the relevant point of time posted as Assistant Engineer, Road Construction Department, Doud Nagar. By order dated 21.3.2007, he was placed under suspension and was subjected to a departmental proceeding. The enquiry report was submitted, whereby the charges against the petitioner have not been proved. By order dated 31.12.2007 (Annexure -5), the learned disciplinary authority accepted the enquiry report, exonerated the petitioner of the charges, and the period of suspension shall be treated as on duty. It is in this background that the petitioner seeks a direction to the respondent authorities to give him an appropriate posting, and also for payment of arrears of salary.

(2.) IT is manifest from a perusal of the said order dated 31.12.2007 (Annexure -5), passed by the learned disciplinary authority, that the petitioner has been exonerated of all the charges and the period of suspension shall be treated as on duty. It, therefore, goes without saying that the petitioner shall be paid his full salary ever since the date of suspension. It further appears to us in view of Notification No.3516(S) dated 12.3.2008, that the petitioner 'sservices have been placed at the disposal of the Building Construction Department, copy of which has been placed on record by the learned Additional Advocate General during the course of submissions. It thus appears to me that the grievances of the petitioner have been redressed. The writ petition is disposed of with the direction to the respondent authorities to give an appropriate posting to the petitioner in the Building Construction Department, and he shall be paid his entire arrears of salary and/or the differential amount of salary for the period of suspension. This Court will be pleased if the entire process is completed within a period of four weeks from the date of receipt and/or production of a copy of this order.