UMA SHANKAR MALVIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents particularly respondent Nos. 6 to 7 to send to this Court all the records appertaining to the issuance of the letter No. 22 dated 13.01.2017 (Annexure-18) issued by the respondent No.7, Executive Engineer, Road Construction Department, Road Division, Lohardaga, wherein the respondents have not paid the subsistence allowance to the petitioner for the period from 03.03.2014 to 09.09.2016 on the ground that during his period of suspension, the petitioner did not report at the Head Quarters and the matter of payment of subsistence allowance was pending before this Hon'ble Court and also the salary for which the petitioner is entitled to receive for the period from 01.01.2014 to 03.03.2014 in view of the fact that vide order dated 08.01.2014, the suspension order of the petitioner was revoked and he was not under suspension for that period i.e. from 01.01.2014 till 03.03.2014 and as such, he is entitled for the salary for that period. Further, prayer has been made for a direction upon the respondent No.6 & 7 to make the payment of the dues for which the petitioner is entitled in lieu of being suspension allowance on and from 03.03.2014 till 09.09.2016 and further the salary for the period from 01.01.2014 till 03.03.2014 i.e. the period under which he was not under suspension and was eligible for the salary which has not been paid to the petitioner. Further, prayer has been made for a direction upon the respondents to make the payment of the same in view of the fact that petitioner is entitled for the subsistence allowances along with interest @ 18% per annum for causing delay in making payment of the same.

(2.) The case of the petitioner lies in a narrow compass. The petitioner is an employee of the Road Construction Department. He was taken into custody on 13.03.2012 by the CBI and he remained in custody till 21.05.2012. Consequent thereupon he was suspended vide office order No. 478 dated 20.04.2012 issued from the office of the Superintending Engineer, Road Circle, Ranchi. Thereafter, he reported at RIMS, Ranchi as in the aforesaid office order, the Head Quarter of the petitioner was not fixed. It is further the case of the petitioner that he was released from custody pursuant to order passed by this Hon'ble Court in B.A. No. 2972 of 2012. Thereafter, vide office order contained in Memo No.28 dated 05.01.2013, the head quarter of the petitioner was fixed at Circle Office, Road Construction Department, Road Circle, Ranchi, where he reported on 22.04.2013 but the said letter dated 05.01.2013 was never served upon the petitioner, and he came to know about the said letter through another letter issued vide Memo No. 486 dated 20.04.2013, which was served upon him on 22.04.2013. On 08.01.2014, the suspension of the petitioner was revoked vide Office Order No. 41 issued from the office of the Superintending Engineer, Road Circle, Ranchi and in compliance thereof he gave his joining at RIMS, Ranchi. Subsequently, the petitioner was once again put under suspension vide Office Order No. 325 dated 03.03.2014 and his Head Quarter was fixed at the office of the Road Division, Ranchi (Rural). Thereafter, he reported on 04.03.2014 at Road Division, Ranchi (Rural) and made representation before the Superintending Engineer to revoke suspension order. However, as no action was taken, the petitioner had approached this Court by filing a writ petition being W.P.(S) No.1679 of 2014, which was disposed of vide order dated 04.05.2017 with a direction upon the respondents to conclude the departmental proceeding, within a period of one year and if the same is not concluded, the order of suspension shall automatically stand vacated. In the meantime, the petitioner was once again taken into custody in connection with E.D. Case on 06.04.2015 and he remained in custody till 29.07.2016. It is further the case of the petitioner that upon his release from custody, he approached the office of the Superintending Engineer, Road Circle, Ranchi where he was informed that in light of reorganization of the Road Division, Ranchi (Rural) into Road Division, Lohardaga, his Headquarter is now changed and it was directed to join at Road Division, Lohardaga vide letter No. 968 dated 02.09.2016. Accordingly, he joined at Road Division, Lohardaga on 10.09.2016. Resultantly, he was allowed to draw subsistence allowance from 10.09.2016. As the petitioner was denied subsistence allowance from 03.03.2014 to 09.09.2016 on the ground that he did not join the designated Headquarter and also the salary for the period from 01.01.2014 to 03.03.2014, he has been constrained to knock the door of this Court.

(3.) Mr. Mahesh Tewari, learned counsel for the petitioner strenuously urges that the petitioner is entitled for subsistence allowance as claimed in prayer portion as well as salary of the period for which the suspension order was revoked. The respondents are harassing the petitioner for one or other reasons. He further submits that it is the right of the petitioner to get subsistence allowance, which cannot be denied by the respondents as it is a means of livelihood and not a bounty. Learned counsel further argues that the respondents have not considered the orders and directions of this Hon'ble Court, passed earlier and as such, they be saddled with cost as the in the earlier writ petition in I.A. No.6112 of 2014, an specific order was passed to release the subsistence allowances, if there are no other legal impediments.