RAM SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORIGINALLY the writ application was filed for a direction to the respondents for payment of salary to the petitioner for the period while he was under suspension in view of pendency of the departmental proceeding. Subsequently, an amendment petition was filed, wherein the order passed by the Superintendent of Police, Nalanda, dated 13.7.1998, has been challenged. A copy of the said order has been appended as Annexure -9. By the said order, after conclusion of the departmental proceeding, the Superintendent of Police, Nalanda, has awarded the punishment of censure and non -entitlement of full salary during the period of suspension.

(2.) THE facts, which gave rise to the present writ application, are that the petitioner was posted as the Sub -Inspector of Police in Nalanda district. In the year 1992, he was transferred to Crime -Investigation Department, Patna. As he did not join the transferred post, a departmental proceeding was initiated against him. While proceeding was pending, the petitioner superannuated on 31.3.1996. Taking Into consideration the aforesaid fact, the then Superintendent of Police dropped the proceeding. Later on, when the petitioner demanded payment of his salary of the period of suspension, the matter was again considered, the Superintendent of Police and he revived the proceeding and by the Impugned order awarded the aforesaid two punishments.

(3.) LEARNED Counsel for the petitioner submitted that the impugned order, as contained in Annexure 9, is without jurisdiction for the reason that one of the departmental proceeding was dropped, the Superintendent of Police has no power to revive the proceeding only superior officer under Rule 853 of the Bihar Police Manual has power to recall/review the order passed In a departmental proceeding.