Ishwar Nath Jha vs The State of Jharkhand

Dr. S.N. Pathak, J.—Heard the parties.

The petitioner has filed the instant writ petition with a prayer for grant of 2nd A.C.P. with effect from 01.07.2002 and grant of 3rd M.A.C.P. with effect from 01.09.2008 to the petitioner and thereafter pay monitory benefits. Petitioner has further prayed for payment of arrears of salary for the suspension period i.e. 19.10.1997 to 10.04.1998 as he has not been paid subsistence allowance during the period of suspension. Petitioner further prays for a direction for disposal of his representation.

From the pleading on record it appears that in the year 1997 the petitioner was posted at Mandal Kara, Darbhanga. On 19.10.1997, an under trial prisoner Ram Kishore Sah escaped from Darbhanga Jail. Petitioner and two others were suspended by the Superintendent of Jail, Mandal Kara, Darbhanga. However, the same was later on revoked on 04.04.1998 and petitioner rejoined his duties on 11.04.1998. However, the departmental proceeding continued and petitioner appeared on the dates fixed but no further communication about the development of the departmental proceeding was given to the petitioner. Separate F.I.R. had also been lodged by the competent authority against the petitioner and others which ended with acquittal of the petitioner. In the year 1999, the petitioner was transferred to Loknayak Jayprakash Narayan Central Jail, Hazaribagh. After bifurcation of the State, petitioner was allocated Jharkhand Cadre and was posted at Mandal Kara, Dhanbad.

Thereafter, petitioner preferred writ petition bearing C.W.J.C. No. 15374 of 2012 before the Hon''ble High Court of Judicature at Patna, praying therein for holding the Departmental proceeding initiated against the petitioner in the year 1998 has become nonest and stand terminated. The said writ petition was dismissed on the ground of jurisdiction with a liberty to the petitioner to approach before the Competent Court/forum for appropriate relief. Petitioner, vide his representation dated 22.01.2014 requested for appropriate relief but no final decision has been taken by the respondents.

Learned counsel for the petitioner submits that after revocation of suspension in the year 1998, the petitioner has been regularly getting his salary but he has been denied the benefits of 2nd A.C.P. with effect from 01.07.2002 and 3rd M.A.C.P. with effect from 01.09.2008. He has been further denied the arrears of salary for the suspension period i.e. 19.10.1997 to 10.04.1998. Pendency of departmental proceeding, if any, before the State of Bihar, has not put any obstacle to the authority of State of Jharkhand to grant 2nd A.C.P. And 3rd M.A.C.P. to petitioner.

Mr. S.P. Roy, learned counsel appearing on behalf of respondent nos. 6 and 7 submits that records are not available before the State of Bihar. Learned counsel fairly submitted that the reasons assigned were forwarded but as per settled law after bifurcation the entire records were sent before the competent authority (State of Jharkhand).

When instant writ petition was taken up on 05.05.2016 following direction was passed by this Court which is on record :-

"Since the present order has been passed on 30.04.2016, therefore, the Assistant Inspector General (Prison), Bihar, Patna is directed to explain as to when services of the petitioner re-allocated to the State of Bihar and if not how he has got jurisdiction to terminate the departmental proceeding pending against the petitioner by the aforesaid order dated 30.04.2016."

Pursuant to the above direction, the State of Bihar cancelled the earlier order while dropping the departmental proceeding and entire record were sent to the State of Jharkhand.

Mr. Kumar J.C to AAG submits that in view of the earlier direction passed by this Court, the grievances of the petitioner has already been redressed. The departmental proceeding initiated against the petitioner has already been dropped and the period of his suspension has been directed to be treated as duty period. The entire benefits of salary has also been paid to the petitioner. However, so far as payment of arrears of A.C.P and M.A.C.P. is concerned, the same shall be considered by the Screening Committee.

In view of the submission made above, respondents are directed to consider case of the petitioner and pass appropriate order in accordance with law within a period of 12 weeks from the date of receipt/presentation of a copy of this order and take final decision so far as remaining grievance regarding the A.C.P. and M.A.C.P are concerned.

With the aforesaid observations and directions this writ petition stands disposed of.