INDRA NARAYAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Article 226 of the Constitution of India for direction upon the respondents to forthwith release the entire arrears of dues which has been withheld in pursuant to the order of punishment passed by the State of Bihar vide Circular No. 829 dated 10.9.2001 by which, the three annual increments have been withheld with cumulative effect, on the ground that the said order dated 10.9.2001 has already been set aside by the order dated 11.9.07 passed in WPS No. 1149 of 2006 by a Bench of this Court as such the petition is entitled to get the entire arrears of dues which has been withheld in pursuant to the said Circular since the same is not in existence after being set aside by this Court.

(2.) IN substance, the State of Bihar vide order dated 10.9.01 withheld three increments with cumulative effect as punishment awarded to the petitioner and the salary during the period of suspension as the subsistence allowance, was not ordered to be paid. He further claimed that he is entitled to full payment for the period when he remained in suspension.

(3.) WHEN no proceeding was initiated against the petitioner and no payment of arrears of his salary was made for the last two years then this petition has been preferred by the petitioner.