KAMAKHYA PRASAD SINGH CHOUDHARY Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER has prayed for quashing the order dated 10.2.1994 issued by the order of the Vice -Chancellor, whereby the petitioner was reinstated in the service with the condition that he will not be paid arrears of salary during the period of suspension. The order/ notification dated 10.2.1994 read as under: - - 'Notification. - -After careful consideration of the full facts and the Inquiry Report, the Vice -Chancellor has been pleased to order for reinstatement of Dr. K.P.S. Choudhary with immediate effect on the following conditions:

(3.) MR . S.B. Gadodia, learned senior counsel appearing for the petitioner mainly contended that petitioner was fully exonerated from the charges and was reinstated in service then the respondents could not have imposed condition with -holding payment of arrears of salary for the period of suspension. Learned counsel further submitted that the condition imposed in the order of reinstatement with -holding salary amounts to punishment for which neither any show -cause was given nor copy of the inquiry report was served on the petitioner. Learned counsel also referred relevant provisions of the statute of the University and submitted that in the statute also with -holding of salary by way of punishment is not permissible when the delinquent is exonerated from the charges.