DIPALI KUNDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this Writ Petition has prayed for directions to the Respondents for payment of full salary for the period commencing from 27.11.1978 till 20.4.1987 after adjustment of the subsistence allowance paid to the Petitioner.

(2.) During the pendency of the Writ Petition the Director, Social Welfare. Bihar, Patna by his order No. 1764 dated 29.6.1996 (Annexure '11') issued directions that the Petitioner will not be entitled to any allowance or salary in terms of Rule 97(5) of the Bihar Service Code except the subsistence allowance paid to her during the period of suspension and further that for the purposes of pension etc. the period of suspension will be treated as the period spent on duty. This order dated 29.6.1996 (Annexure '11') has been challenged by the Petitioner by moving an Application for amendment which had been allowed by this Court on 28.8.1997 while admitting the Writ Petition.

(3.) The case of the Petitioner is that while she was working as a Matron she was suspended by the order dated 27.11.1978 (Annexure '1') and subsistence allowance was permitted to be drawn by her in terms of Rule 96 of the Bihar Service Code. Departmental Proceedings were initiated against the Petitioner which were concluded by the order dated 11.6.1981 (Annexure '3') dismissing the Petitioner from service. Being aggrieved the Petitioner challenged the dismissal order in this Court in CWJC No. 2107 of 1981 and a Division Bench of the Court by the Judgment and order dated 3.5.1984 (Annexure '4') allowed the Writ Petition and quashed the dismissal order dated 11.6.1981 (Annexure '3') and further observed that the Respondents in that Writ Petition were at liberty to issue a second show cause notice against the proposed punishment being imposed upon the Petitioner and pass fresh order thereafter in accordance with law. Thereafter the Director, Social, Welfare, Bihar, Patna by his letter dated 23.7.1984 (Annexure '5') directed that the Petitioner shall be deemed to continue under suspension with effect from 11.6.1981 i.e. from the date from which the order of dismissal was passed, that is to say, the suspension order passed initially was continued. The petitioner was issued a second show cause notice dated 10.3.1986 (Annexure '6') by the Director, Social Welfare. Bihar, Patna in compliance of the directions of this Court and the Disciplinary Proceedings were concluded with the penalty of censure and stoppage of three increments but no order as regards the pay and allowances for the period of suspension and regularization of the period of suspension was passed In terms of Rule 97 of the Bihar Service Code at the time of imposition of the aforesaid penalty by the order dated 20.4.1987 (Annexure '7'). The Petitioner was thereafter allowed to join as a Matron in After Care Home, Patna. Being aggrieved on account of nonpayment of pay and allowances for the period of suspension and order for treating her on duty and regularization for the period of suspension she preferred an Appeal before the Secretary to the Government of Bihar, Welfare Department and also questioned the order of punishment dated 20.4.1987 (Annexure '7') but no order was passed by the Appellate Authority.