TRIGUNA NAND PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by petitioner against clause 5 of Memo No. 693 dated 14th March, 2000, whereby and whreunder, the District Superintendent of Education, Jamshedpur, East Singhbhum withheld the salary of the petitioner for the period from 5th March, 1998 to 20th May, 1999.

(2.) THE petitioner has taken plea that he has worked during the period from 5th March, 1998 to 20th May, 1999. On the other hand, the District Superintendent of Education, Jamshedpur has taken stand that there was no trace of petitioner being on duty.

(3.) EVEN if the stand taken by the respondents is accepted that the petitioner had not obeyed the transfer order but it is clear that there was no occasion for the petitioner to join the transferred post there being no vacancy.