STATE OF JHARKHAND Vs. ARUNA DEVI

JUDGEMENT

(1.) THIS Letters Patent Appeal is preferred against the order dated 7.3.2013 passed in W.P.(S) No.1846 of 2010 allowing the writ petition and directing the appellant -State of Jharkhand to pay the arrears of salary of late Murari Prasad, husband of the respondent, with cost of Rs.5000/ -.

(2.) THE husband of the respondent, late Murari Prasad, was working as Superintending Engineer in PHED and retired as such on 30.11.2003 and subsequently died on 12.3.2005. While the said Murari Prasad, husband of the respondent, was in service, a departmental proceeding was initiated against him and he was put under suspension and subsequently a chargesheet was submitted against the husband of the respondent on 3.6.2002. The departmental proceeding was initiated, vide order dated 22.6.2002 and enquiry report was submitted on 19.9.2002 and the enquiry officer found late Murari Prasad not guilty. However, taking a different view, vide order dated 11.7.2003, the concerned authority imposed the punishment of censure. The husband of the respondent filed several representations for payment of salary but the authority did not consider the same.

(3.) WE have heard Mr. Sumir Prasad, learned S.C. I for the appellant -State of Jharkhand and Mr. Binod Kumar Dubey, learned counsel for the respondent.