RAMASHRAY PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this application seeks to challenge the Government resolution, dated 5.3.1997 (Annexure 10) in so far as it denies payment of salary to the petitioner, beyond subsistence allowance, for the period of his suspension.

(2.) IT appears that a disciplinary proceeding was held against the petitioner on certain charges. At the conclusion of the proceeding he was found guilty of the charges and it was directed, by way of punishment, to record a censure in his service book for the year, 1992 -93; it was further directed that for the period of suspension the petitioner will not be entitled to any salary beyond the subsistence allowance paid to him.

(3.) MR . Chandra Shekhar, learned counsel for the petitioner submitted that restricted payment of salary for the period of suspension cannot be awarded as a measure of punishment. He further submitted that the direction was bad as it was passed without affording the petitioner an opportunity to show cause.