THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF ANIMAL & HUSBANDRY, GOVT. OF BIHAR, PATNA Vs. DR. OM PRAKASH DIWAKAR

JUDGEMENT

(1.) The State of Bihar is appellant being aggrieved by the judgment dated 5th March, 2004 passed in CWJC No.7645 of 1999 (P) by the learned Single Judge wherein the learned Writ Court has held the writ petitioner entitled to the salary and allowances for the period of his dismissal from service till his reinstatement. The part of the impugned order dated 11th May, 1999, rejecting the aforesaid claim was accordingly quashed.

(2.) Briefly stated, the writ petitioner who was serving in the capacity of Regional Director, Animal Husbandry Department, Dumka, was placed under suspension on 14 th February, 1996 on the grounds of financial irregularity after being implicated in Godda (Town) P.S. Case No.29 of 1996, Dumka (Town) P.S. Case No.16 of 1996 registered under Sections 420 , 467 , 468 , 471 , 470 , 474 , 477(A) , 409 , 120B and 34 of the Indian Penal Code. He was dismissed from service by order dated 21 st February, 1996 thereafter on the ground that notice for initiation of departmental proceeding was not possible to be served upon him as he had been absconding in connection with the criminal cases and that process under Sections 82 / 83 of the Cr.P.C. had also been initiated. The dismissal of the writ petitioner from service inflicted by invoking the provisions under Article 311(2)(b) of the Constitution of India, however, was quashed by the Patna High Court in CWJC No.11470 of 1996 by judgment dated 12 th May, 1998 with the observation that the State Government is not precluded from initiating a departmental proceeding against the petitioner and passing order of suspension against him by way of interim measure.

(3.) The Letters Patent Appeal bearing No.1101 of 1998 preferred by the State of Bihar against the judgment of the learned Single Judge was also dismissed vide order dated 19 th July, 1999 (Annexure-1 & 2 to the memo of appeal). The petitioner was reinstated on 1st July, 1998. By the same order i.e. 1 st July, 1998, he was placed under suspension and claim for arrears of salary from 21st February, 1996 to 30th July, 1998 i.e. period between the date of dismissal and date of rejoining of the service were, however, rejected by the Department of Animal Husbandry, Government of Bihar. It was in this background that the learned Single Judge in CWJC No.7645 of 1999 (P) was pleased to set aside part of the order dated 11 th May, 1999 so far as it related to non- payment of salary and allowances for the period of his dismissal.