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High CourtsDivision Bench(2009) 04 PAT CK 0050

Kamla Prasad vs Hon''ble High Court of Judicature at Patna and others

Patna High Court · Decided on 8 April 2009 · Citation: (2009) 122 FLR 977 : (2009) 3 PLJR 15

HON’BLE JUDGES
J.B. Koshy, C.J · Ravi Ranjan, J
RESULT
Allowed
CASE NUMBER
C.W.J.C. No. 3630 of 2009

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Judgment

9 paragraphs · 385 words

J.B. Koshy, C.J. and Dr. Ravi Ranjan, J.—Heard learned Counsel for the parties.

While the petitioner was posted as District & Sessions Judge, Begusarai, he was suspended pending inquiry and a departmental proceeding was initiated against him on the basis of allegation regarding grant of anticipatory bail to the accused persons. Charges were framed against the petitioner. The inquiry officer found him guilty. But after considering the reply to second show-cause no punishment, as contemplated under Rules, were imposed on him. He was warned to be careful in future, no other punishment including censure was imposed upon him. The order is as follows:--

Upon due deliberations and consideration of the second show cause filed by Sri Kamla Prasad, the Court have been pleased to resolve that the officer concerned, namely, Sri Kamla Prasad be warned to be careful in future.

2.

By Annexure-2 dated 23.11.200. the suspension order of the petitioner was revoked.

3.

The contention of the petitioner is that he made a representation for payment of salary for the suspension period as well as inquiry period deducting the subsistence allowance, which was given to him.

4.

We called for the relevant files of the petitioner. It is seen that when his suspension was revoked on 23.11.2007 he was allowed to rejoin duty on 9.12.2007. It was decided that the suspension period from 21.1.2006 to 21.11.2007, undergone by the petitioner be treated to be on duty, save and except for the purposes of salary. He was communicated that he would be given salary and all consequential benefits accordingly for the period after 22.11.2007. In fact, no punishment as per the Rules was imposed on the petitioner. He was only warned to be careful in future and not even the punishment of censure was given.

5.

We are of the view that the petitioner is entitled to full salary and consequential benefits after deducting the subsistence allowance, if any, paid to him for the period of suspension pending inquiry. It is stated that the petitioner has retired from service.

6.

In the facts and circumstances of the case, we direct that since the petitioner has already superannuated from service, he should be paid his full salary and all consequential benefits as early as possible.

7.

This application is, accordingly, allowed with the aforesaid direction/ observation.