CHHEDI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dt. 7.8.91, that is, Annexure 2 issued by respondent no.3 whereby and where under the order dt. 12.6.90 regarding payment of salary during the period of suspension was modified.

(2.) THE petitioner claimed that he was working as a process peon at Khunti and on the ground of alleged misconduct, he was put under suspension on 14.8.87 and a departmental proceeding was initiated as against him in which he participated. After conclusion of departmental proceeding enquiry officer vide order dt. 12.6.90 intimated the petitioner that by way of punishment, two annual increments of the petitioner was withheld and the suspension was revoked. The petitioner claimed that by the aforesaid order only punishment of withholding of two increments was made and then the petitioner joined his duties, but subsequently vide office order dt. 7.8.91 the previous order dt. 12.6.90 was modified to the extent that the petitioner will not be entitled for any further salary during the period of suspension, save and except subsistence allowance which he got.

(3.) INSPITE of ample opportunity, no counter affidavit has been filed on behalf of the respondents and this pretty old matter was heard in absence of the counter affidavit.