SAHEB SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has moved this Court seeking direction upon the respondents for payment' of arrears of salary for the period between 17.6.1987 to 10.12.2003 and for grant of all consequential benefits. The petitioner was appointed as Constable in Jharkhand Armed Police on 12.6.1975. A case being Deoghar P.S. Case No. 115/85 was registered under Sections 415 and 364 of Indian Penal Code against the petitioner and two other persons on the allegation that on 22.7.1985 they had kidnapped two persons from Deoghar market. A departmental proceeding was initiated against the petitioner and finally by order dated 27.10.1986 a punishment of stoppage of two annual increment was passed. The said order dated 27.10.1986 was reviewed by the Director General of Police, Bihar and by order dated 14.6.1987, an order of dismissal from service of the petitioner was passed. In the meantime the petitioner was acquitted in the criminal case by order dated 9.7.1998, however, he was not permitted to join service. The petitioner moved the High Court in CWJC No. 11459 of 1998 challenging the order of dismissal dated 14.6.1987 which was allowed on 17.2.2003 and the matter was remanded for reconsideration in accordance with law. On 1.11.2003 the Deputy Inspector General of Police, Jharkhand ordered reinstatement of the petitioner in service. Subsequently, by order dated 8.4.2004 it was ordered that during the period of dismissal, the petitioner would not be paid his salary etc. on the principle of "no work no pay".

(2.) A counter-affidavit has been filed justifying the stand that during the period the petitioner was dismissed from service, he is not entitled for the salary etc.

(3.) Heard learned counsel for the parties at length and perused the documents on record.