SURAJDEO SHARMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner has approached this Court for issuing a writ of mandamus commanding the respondents to pay his salary and other allowances for the period he remained under suspension.

(2.) It appears that on 3.12.1982 the petitioner, who was working as Junior Electrical Engineer, Electric Supply Section, Pachrukhi, was arrested in Pachrukhi P.S. Case No. 77 of 1982 under Section 161 I.P.C. and Section 5(2) of the Prevention of Corruption Act. On 15.12.1982, he was placed under suspension with effect from 3.12.1982. On 24.12.1982, he was released on bail. On 27.6.1983, disciplinary proceedings was initiated against him. On 11.1.1985, the Enquiry Officer submitted his report in the disciplinary proceeding but the final decision in the matter was deferred till the conclusion of the criminal case. On 9.12.1985, he filed CWJC No. 5998 of 1985 which was dismissed on 25.2.1986. On 31.12.1986, he filed representation to the respondent No. 1 requesting it to revoke the suspension order and reinstate him in service on ad hoc basis on the ground that the criminal case pending against him was unlikely to be decided in near future, which was allowed on 23.4.1987 and he was released from the suspension with the observation that the question of payment of salary and other allowances for the period he remained under suspension, would be considered after the disposal of criminal and disciplinary proceeding. On 29.1.1990, he filed representation to the respondent No. 2 for payment of salary and other allowances for the period 25.12.1982 to 23.4.1987 during which he remained under suspension. The respondent No. 2 did not take any decision in the matter. Hence, this writ petition.

(3.) Heard the learned Counsel for the parties and perused the record.