Shatrughan Manjhi vs The State Of Bihar And Ors
2021 Latest Caselaw 3015 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.238 of 2019
                                          In
                   Civil Writ Jurisdiction Case No.547 of 2016
     ======================================================

Shatrughan Manjhi, S/o Deoki Nandan Manjhi @ Devki Nandan, Resident of Village Daniawa, P.S.- Daniawa, District- Patna.

... ... Appellant/s Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Vigilance, Patna.

4. The Deputy Inspector General of Police (Vigilance), Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Ramchandra Sahni, Ms. Sarai Kumari, Advocates For the Respondent/s : Mr. Prabhat Kumar Verma (A.A.G. 3) ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 05-07-2021

Heard the parties.

Aggrieved by the judgment and order dated

02.01.2019 passed in C.W.J.C. No.547 of 2016 passed by

learned Single Judge of this Hon'ble Court dismissing the writ

petition, the appellant has preferred this LPA.

Briefly stated the facts of the case is that while under

suspension by order dated 22.01.2010, appellant was served a Patna High Court L.P.A No.238 of 2019 dt.05-07-2021

memo of charge dated 7.12.2010 issued by the Superintendent

of Police, (Bureau of Vigilance) with respect to charges of

misconduct (i) absconding from duty from 10.11.2009 without

any information or sanctioned leave, for which, his salary was

stopped by departmental order no.511 / 2009 dated 20.11.2009

and show cause was issued to him but he did not reply showing

act of indiscipline and insubordination. (ii) He remained

unauthorized absent from 24.12.2009 after being granted leave

of 8 days from 16.12.2009 to 23.12.2009 and he was put under

suspension by departmental order no.59/2010 dated 22.01.2010.

(iii) He reported on duty on 9.3.2010 but thereafter remained

absent and used to mark his presence on attendance register

occasionally.

It is submitted on behalf of appellant that finding

recorded by the learned Single Judge that appellant remained

absent for 906 days is factually incorrect as once the appellant

was put under suspension, there was temporary severance of

relation of employer and employee and during period of

suspension, the suspended employee cannot be treated on duty,

as such, there was no occasion for him to join the duty on

9.3.2010 and to remain on duty thereafter.

Appellant remained unauthorized absent from Patna High Court L.P.A No.238 of 2019 dt.05-07-2021

24.12.2009 to 22.01.2010 when he was put under suspension for

being on unauthorized absence which is 31 days and, as such,

the finding recorded by the learned Single Judge that appellant

remained absent for 906 days appears to be error of fact.

At this stage, the learned counsel for the appellant

informs this Court that during pendency of LPA, appellant has

died, as such, present LPA is disposed of with liberty to legal

heirs and representatives of deceased/appellant, if so advised, to

challenge the order dated 02.01.2019 passed by learned Single

Judge in CWJC No.547 of 2016 by way of filing a separate

LPA.

With aforesaid liberty present LPA is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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