TELESPHORE BAGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. These two petitioners are in the rank of Sub-Inspector of Police who are claiming salary for the period from 1.3.2009 to 31.7.2010 in which period they were under suspension between 1.4.2009 to 2.5.2009. These two petitioners were transferred from Ramgarh District by orders of the Police. Headquarters, Ranchi dated 21.2.2009 and were relieved on 25.2.2009 to join at the transferred place. When they failed to join their transferred place of posting not only were they placed under suspension, departmental proceedings were also initiated against them which ended in punishment of forfeiture of increment for six months of both petitioners vide order dated 26.2.2010 which are Annexures-A and B to the counter affidavit. The suspension of the petitioners were revoked later on by the Police Headquarter vide memo. Nos. 2684 and 2685 dated 7.10.2009. In para 14 of the counter affidavit it is the specific stand of the respondents that after revocation of the suspension also petitioners remained absent and did not report to their transferred place.

(2.) It is the contention of learned counsel for the petitioners that petitioners joined on 9.8.2010. The Director General of Police, Jharkhand also passed order on their representation rejecting their claim by holding that for the suspension period from 1.4.2009 to 1.5.2009 no extra payment will be made other than the payment received by them. It was also ordered that the period from 25.2.2009 to 31.3.2009 and from 14.11.2009 to 8.8.2010 will be treated as unauthorized absence for which no payment would be made on the principle of 'No Work No Pay'. Paras 14 to 16 of the counter affidavit do not stand rebutted by the petitioner.

(3.) Having heard counsel for the parties and having gone through the averments made on record, it is evident that petitioners have not only been proceeded departmentally and punished for unauthorized absence but they were placed under suspension after failing to join the transferred place pursuant to the directions passed by the Police Headquarter. Even as per the petitioners' statement, they have joined on 9.8.2010. These facts have also been considered by the Director General of Police, Jharkhand while disposing of their representation, which do not appear to suffer from any non-application of mind or arbitrariness. Petitioners therefore are not justified to claim salary for the period when they have not discharged their duties or for the period they were placed under suspension. The writ petition being devoid of merit is accordingly dismissed.