LAWS(JHAR)-2001-3-26

RANJEET KUMAR BOSE Vs. STATE OF BIHAR

Decided On March 19, 2001
Ranjeet Kumar Bose Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) IN this writ application, the petitioner has challenged the decision of the respondent which was communicated to the petitioner vide letter No. 853, dated 11.9.1997 whereby petitioner was refused to pay salary for the period 30.9.1993 to 2.9.1996 and further for a direction to the respondents to release the salary for the aforesaid period.

(2.) PETITIONER while working as Karmchari in the Ramgarh Anchal in the year 1992, a departmental proceeding was initiated against him in respect of certain charges, as a result whereof he was dismissed from service in October 1993. Aggrieved by the order of dismissal passed by the Deputy Commissioner. Hazaribagh petitioner filed Service Appeal before respondent No. 2. Commissioner. North Chotanagpur Division, Hazari -bagh, which was registered as Service Appeal No. 87/93. The Appellate Authority eventually set aside the order of dismissal after coming to the conclusion that penalty of dismissal was extremely severe. The Appellate Authority, therefore, directed that for the negligence and/or lapse on the part of the petitioner, he should be censured and two increments should be stopped with cumulative effect. After the aforesaid order was passed on 29.8.1996 petitioner submitted his joining on 3.9.1996 and on 29.10.1996 he was posted at the Keredari Anchal where he has been working as Karamchari. Petitioner, therefore, filed application for payment of salary which was stopped with effect from the date of dismissal, i.e., 30.9.1993 till the date of his joining. Respondent No. 3, Deputy Commissioner Hazaribagh after considering his application issued the Impugned letter, dated 5.2.1997 instructing the Circle Officer, Keredari not to make any payment of salary for the aforesaid period on the basis of no work no pay. Petitioner then again filed the appeal before the respondent No. 2. Commissioner, North Chotanagpur Division, Hazari - bagh against the order dated 5.2.1997 and the Commissioner passed order on 17.5.1999 and upheld the order of the Deputy Commissioner.

(3.) ON the other hand. Mr. R.K. Merathia. GP 2 submitted that the impugned order passed by the respondents will not amount to inflicting third punishment as admittedly, petitioner did not work during the aforesaid period. Learned G.P. 2 further submitted that although charges levelled against the petitioner was proved in the departmental proceeding but the Appellate Authority considered the claim of the petitioner sympathically and reduced the punishment. In that view of the matter, the petitioner cannot claim salary for the aforesaid period.