TULSI SAO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, after 18 years of the order of punishment dated 28.8.1995, Annexure 2, imposing reduction of pay scale to his initial pay scale with further condition that he would not get the benefit of promotion for five years, has preferred this writ petition challenging the same.

(3.) FROM reading of Annexure 3, it appears that the said petitioner, who was a police constable had approached this Court for quashing of an order dated 21.1.2003 which deprived him the salary for the period from 17.8.1995 till 25.1.2003 during which he was under suspension. The learned single Judge noticed the fact of another person Rama Shankar Singh, who had preferred a writ petition earlier in 1999 and thereafter also pursued another writ petition in 2001, whereafter the punishment awarded by the Disciplinary Authority was modified and reduced in 2003 vide order dated 21.1.2003, however, with a rider that said person would not get the salary for the period under which he was put under suspension. Incidentally, the present petitioner was also proceeded departmentally for dereliction of his duty along with two other persons. While, it appears that said two persons pursued their grievances in relation to the punishment and also relating to withholding of salary for the period of suspension, which was considered and allowed in WP(S) No. 1315/2003 by learned Single Judge by judgment dated 5.8.2009 but the present petitioner sat over the matter since 1995 and has chosen now to challenge the order of punishment. The sequence of events in respect of other two persons are also distinct from the case of present petitioner in whose case the order of punishment was never earlier challenged or modified.