Patna High Court
Srinivas Chandra Tiwary vs The State Of Bihar on 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5496 of 2020
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Srinivas Chandra Tiwary son of Sri Bharat Prasad Tiwary resident of E2/8 of
Sadhnapuri, P.S.- Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Additional Chief Secretary, Department of Education, Bihar, Patna.
3. The Accountant General of Bihar, Veer Chand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhu Nath Pathak, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP 20
For the Accountant
General : Mr. Arun Kumar Arun, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 07-12-2021
In the instant petition, petitioner has prayed for following
relief/reliefs:
"That by this application, the petitioner is invoking the
writ jurisdiction of this Hon'ble Court in the nature of writ of
mandamus for directing the respondent to pay salary for the
period of suspension i.e. from 18.11.2016 to 06.02.2018 as the
order of suspension issued under Memo No. 1056 dated
26.12.2016 by the Director (Administration)-cum-Additional
Secretary, Department of Education, Bihar, Patna and the
Memo of charge dated 03.05.2017 (Prapatra 'K') framed
against the Petitioner by the Secretary, Bihar School
Examination Board, Patna was wholly without jurisdiction and
as such, the aforesaid orders were quashed and cancelled in
C.W.J.C. No. 5978/2017 by the Hon'ble Mr. Justice Prabhat
Kumar Jha on 12.10.2017 and thereafter, no departmental
proceeding was initiated against the Petitioner on or before the
retirement of the Petitioner i.e. 31.12.2019 as the Petitioner
has retired from service as Deputy Director (Academic), Bihar
Board of Open School, Department of Education, Bihar,
Patna.
Patna High Court CWJC No.5496 of 2020 dt.07-12-2021
However, thereafter, no departmental proceeding has
been initiated or pending against the Petitioner on or before
the date of retirement i.e. 31.12.2019 as the Petitioner retired
from service on 31.12.2019 from the post of Deputy Director
(Academic), Bihar Board of Open School, Department of
Education, Bihar, Patna."
Short question for consideration in the present petition is
whether petitioner is entitled to salary for the period from
26.12.2016 to 06.02.2018 or not? Undisputedly, petitioner was
placed under suspension on 26.12.2016 with effect from
18.11.2016 and it was subject matter of litigation before this Court
in CWJC No. 5978 of 2017 and it was decided in his favour on
12.10.2017 while setting aside the order of suspension dated
26.12.2016. Merely disciplinary authority was permitted to
proceed further in accordance with law that does not empower the
disciplinary authority to withhold salary for the intervening period
from the date of suspension that is 26.12.2016 to 06.02.2018. At
the best disciplinary authority is empowered to initiate
disciplinary proceedings. Moreover order of suspension dated
26.12.2016 has been set aside in the aforesaid decision of this
Court, therefore, the petitioner is entitled to salary for the
intervening period of suspension and revocation.
The concerned authority is hereby directed to calculate
arrears of pay for the intervening period dated 26.12.2016 to
06.02.2018 and pay the same to the petitioner and disburse in
Patna High Court CWJC No.5496 of 2020 dt.07-12-2021
favour of the petitioner within a period of two months from the
date of receipt of this order, failing which, petitioner is entitled to
interest on the arrears of amount at the rate of 6 % per annum.
Interest amount shall be paid by the appointing authority from
his/her pocket and not from the Department or State.
With the above observations, writ petition stands disposed
off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.12.2021
Transmission Date NA
