(1.) HEARD the parties.
(2.) AT the outset the learned counsel for the petitioner submitted that by an order dated 28.09.1991 (Annexure -20), a punishment was inflicted upon the petitioner in the following terms :
(3.) FROM the pleadings made in the writ petition, it is evident that the petitioner was suspended on 21.01.1983 whereafter the petitioner filed a writ petition before the Patna High Court being CWJC No. 7170 of 1990 and by order dated 18.12.1990 the High Court passed the following order which inter alia, reads as follows : - - "The Government cannot be allowed to keep its employee in tenterhook for unlimited duration. If the petitioner was guilty of any charge it was incumbent for the State Government to start the departmental proceeding without delay and pass appropriate final order. In view of the fact that the matter is pending since 1983 on the allegation that the petitioner absented himself from April, 1981 we direct the disciplinary authority to pass appropriate order with regard to the payment of the balance amount of the salary to the petitioner during the period he was under suspension by February, 1991."