RAM PRIT PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, State of Jharkhand and State of Bihar.

(2.) Petitioner, a Junior Engineer then posted under Irrigation Division Murliganj, Madhepura in the State of Bihar was proceeded for unauthorized absence from 24.09.2001 to 14.05.2002 in a departmental proceeding vide resolution no. 5085 dated 21.06.2003, Annexure-1 issued by the Water Resources (Irrigation) Department, Government of Bihar. As per the specific statement made at para 18 and 22 of the writ petition, petitioner stood allocated to Jharkhand Cadre in the year 2004 and joined in the office of the Executive Engineer, Central Stores and Camp Division, Chandil on 18.10.2004. Upon conclusion of the inquiry a punishment of censure to be recorded in his ACR for the year 2001-02 was imposed by the Engineer-In-Chief, Water Resources Department, Government of Bihar vide order at Annexure-7 bearing memo no. 440 dated 07.05.2005. It was also held that petitioner would not be entitled to salary for the period of his unauthorized absence.

(3.) State of Jharkhand has filed an affidavit supporting the impugned decision taken by the State of Bihar on the ground that charge of unauthorized absence related to his posting in the State of Bihar and had been duly established.