Amar Kumar vs The State Of Jharkhand
2022 Latest Caselaw 4147 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 2718 of 2021
        Amar Kumar............                                  Petitioners
                                  Versus
        1. The State of Jharkhand
        2. The Deputy Commissioner, Khunti
        3. The District Superintendent of Education, Khunti.........Respondents
                                  ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Petitioner : Mr. Mahesh Kr. Sinha, Advocate For the Respondents : Mr. S. Gautam, AC to AAG-V.

......

6/12.10.2022 This writ application can be disposed of at this stage itself.

In view of the nature of order, which I intend to pass, it is not necessary to call for any affidavit from the respondents.

The petitioner is praying for his full salary for the period 26.12.2018 to 28.02.2019, which, according to the petitioner, has not been paid.

It is admitted case of the petitioner that during the aforesaid period, he was in custody as he was implicated in a case being Khunti P.S. Case No. 201 of 2018, corresponding to G.R. No. 72 of 2019. Further case of the petitioner is that the petitioner, who was an Assistant Teacher, ultimately has been acquitted vide judgment dated 30.11.2019. The petitioner submits that during the aforesaid period as he was kept under suspension for no fault on his part as he was in custody, he was only paid the subsistence allowance. He submits that no decision has been taken after his acquittal as to whether the petitioner is entitled for the full salary or not.

Counsel appearing on behalf of the respondents submits that if a fresh representation is filed by the petitioner annexing all the necessary documents before Respondent No. 2 the Deputy Commissioner, Khunti, the Deputy Commissioner, Khunti, will consider the claim of the petitioner and will pass a reasoned order taking into consideration the period, which he was in custody.

After hearing the counsel for the parties, this writ application is being disposed of directing the petitioner to file a fresh representation annexing all the necessary documents before Respondent No. 2 the Deputy Commissioner, Khunti, within four weeks from today. On receipt of such representation, Respondent No. 2 will look into the grievance of the petitioner and will dispose of the representation of the petitioner within twelve weeks thereafter.

If it is found that the petitioner is entitled for any relief, as

claimed, the same should be extended to him immediately. If any part of the claim of the petitioner is rejected, the reasons thereof, should also be communicated to the petitioner within four weeks thereafter.

With the aforesaid observation and direction, this writ application stands disposed of

(Ananda Sen, J) Mukund/-cp.2