VINOD KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner assisted by Mr. Karuna Kant Jha and Mr. Arbind Kumar, A.C. to G.A.-9 for the respondent-State.

(2.) C.W.J.C. No. 12099 of 2012 has been filed for quashing of the order dtd. 10/5/2012 issued under the signature of the respondent no. 2, the Principal Secretary, Department of Transport, Government of Bihar which according to the petitioner has unilaterally reviewed the earlier order passed by the Hon'ble Minister-cum-Appellate Authority, Transport Department dtd. 8/2/2012 communicated to the petitioner on 10/2/2012, passed in Appeal Case No. 01 of 2010, challenging as to whether a quasi-judicial order can be superseded by an administrative order unilaterally without notice to the petitioner or affording opportunity of hearing. An additional prayer has been made for entire arrear of salary due since August, 2008 and treating him to be in continuous service in the Department of Transport in view of the order dtd. 8/2/2012 as contained in Annexure-2. However, during pendency of the present writ application, the petitioner superannuated from service w.e.f. 30/6/2014 and since petitioner was aggrieved by non-payment of salary since August, 2008 and post-retiral benefits, C.W.J.C. No. 5932 of 2015 has been preferred by the petitioner and claim is advanced for ACPs/MACPs benefit and arrears of salary accrued due to ACPs/MACPs calculated on the basis of 6th pay revision, dues of salary from September, 2008 till superannuation and post- retiral benefits from the date of superannuation i.e. 30/6/2014. An additional prayer has been made in C.W.J.C. No. 5932 of 2015 as to fixation of burden of his claim upon either of the two departments i.e. the Water Resources, Minor Irrigation Department where the petitioner was earlier transferred way back in the year 1984 or from the Transport Department, Government of Bihar where he joined as Motor Vehicle Inspector in the year 1996. Thus, for the sake of convenience, the facts of C.W.J.C. No. 12099 of 2012 is taken up which will decide the controversy raised in C.W.J.C. No. 5932 of 2012 as well.

(3.) The brief facts relating to the present controversy is that the petitioner was appointed as a Junior Engineer (Civil) on 12/3/1979 under the Water Resources Irrigation Department. On 17/8/1984, the petitioner was transferred from Water Resources Irrigation Department to Water Resources Minor Irrigation Department, Government of Bihar. The petitioner was sent of deputation on 15/3/1996 in the Transport Department as a Motor Vehicle Inspector with a stipulation that as and when the appointment of Motor Vehicle Inspectors would be made, the petitioner would revert back to his parent department with a further stipulation that the petitioner would be also sent to his parent department at any point of time and would not be entitled to special pay or deputation allowances but payment of his salary would be made on the vacant post of the Motor Vehicle Inspector. Subsequent thereto, petitioner joined as a Motor Vehicle Inspector in the Transport Department, Government of Bihar on 16/3/1996. During his tenure as a deputationist Motor Vehicle Inspector, on account of certain misconduct a charge memo was served on him and departmental proceeding was initiated by the Transport Department, Government of Bihar. A major penalty order was passed vide Memo No. 5624 dtd. 9/9/2008 imposing penalty of stoppage of four increments with cumulative effect as well as the petitioner was sent back to his parent department with immediate effect (Annexure-2 of C.W.J.C. No. 5932 of 2015). The petitioner challenged the penalty order before the Hon'ble High Court of Patna in C.W.J.C. No. 14123 of 2009 which was withdrawn on 7/11/2009 with a liberty to avail the alternative remedy of appeal. The appeal filed by the petitioner before the Hon'ble Minister Transport on 22/12/2009 having not been disposed, the petitioner again preferred a writ application before this Court being C.W.J.C. No. 16409 of 2011 which was disposed of by order dtd. 15/11/2011 for disposing of the appeal by the Appellate Authority. The Appellate Authority decided the appeal preferred by the petitioner being Appeal No. 01 of 2010 vide order dtd. 8/2/2012 (Annexure-2 of C.W.J.C. No. 12099 of 2012) quashing the order dtd. 9/9/2008 and the major penalty of stoppage of four increments with cumulative effect was substituted by warning. A further stipulation was that the petitioner would be retained as a Motor Vehicle Inspector in the Transport Department and his services would be treated as continuous from August 2008 and salary would be paid from the Transport Department.