ISHWAR NATH JHA SON OF LATE HARDEO JHA, R/O DHANBAD JAIL CAMPUS, P.O & P.S. DHANBAD, DIST. DHANBAD, JHARKHAND Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has filed the instant writ petition with a prayer for grant of 2nd A.C.P. with effect from 01.07.2002 and grant of 3rd M.A.C.P. with effect from 01.09.2008 to the petitioner and thereafter pay monitory benefits. Petitioner has further prayed for payment of arrears of salary for the suspension period i.e. 19.10.1997 to 10.04.1998 as he has not been paid subsistence allowance during the period of suspension. Petitioner further prays for a direction for disposal of his representation.

(3.) From the pleading on record it appears that in the year 1997 the petitioner was posted at Mandal Kara, Darbhanga. On 19.10.1997, an under trial prisoner Ram Kishore Sah escaped from Darbhanga Jail. Petitioner and two others were suspended by the Superintendent of Jail, Mandal Kara, Darbhanga. However, the same was later on revoked on 04.04.1998 and petitioner rejoined his duties on 11.04.1998. However, the departmental proceeding continued and petitioner appeared on the dates fixed but no further communication about the development of the departmental proceeding was given to the petitioner. Separate F.I.R. had also been lodged by the competent authority against the petitioner and others which ended with acquittal of the petitioner. In the year 1999, the petitioner was transferred to Loknayak Jayprakash Narayan Central Jail, Hazaribagh. After bifurcation of the State, petitioner was allocated Jharkhand Cadre and was posted at Mandal Kara, Dhanbad. Thereafter, petitioner preferred writ petition bearing C.W.J.C. No. 15374 of 2012 before the Honourable High Court of Judicature at Patna, praying therein for holding the Departmental proceeding initiated against the petitioner in the year 1998 has become nonest and stand terminated. The said writ petition was dismissed on the ground of jurisdiction with a liberty to the petitioner to approach before the Competent Court/forum for appropriate relief. Petitioner, vide his representation dated 22.01.2014 requested for appropriate relief but no final decision has been taken by the respondents.