LAWS(JHAR)-2022-6-79

RAJIV KUMAR PASWAN Vs. STATE OF JHARKHAND

Decided On June 20, 2022
Rajiv Kumar Paswan Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for direction to the respondent No. 2 to pay the full salary to the petitioner from 31/8/1998 to 19/6/2017 i.e. the date when the petitioner was dismissed from service till the date of reinstatement. Petitioner has further prayer for quashing the part of order dtd. 26/6/2017, passed by respondent no. 2, whereby the salary for the period i.e. from 31/8/1998 to 19/6/2017 has not been denied to the petitioner on the ground of ...no work no pay....

(3.) As per the factual matrix, when the petitioner was posted as Constable in the district of Gumla, a memo of charge was framed against him and he was put under suspension. Thereafter, a departmental proceeding was initiated and the enquiry officer submitted his report on 9/7/1998 holding the petitioner guilty of the charges levelled against him. On the basis of enquiry report, the disciplinary authority directed the petitioner to submit the last defence as to why he should not be dismissed from service, as is evident from letter dtd. 20/7/1998. The disciplinary authority dismissed the petitioner from service and said decision was communicated to the petitioner by memo dtd. 11/9/1998. The petitioner having no option left, preferred an appeal before the Deputy Inspector General of Police, South Chotanagpur Range, Ranchi on 27/9/1999, however, the said appeal was also rejected by the Deputy Inspector General of Police, by memo dtd. 10/3/2004.