Allowed

Guneshwar Manjhi v. the State of Bihar and Ors.

Patna HC6 Aug 2012CWJC/13352/2012

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What is this about?

The Patna High Court held that withholding a government servant's salary pending departmental proceedings or an FIR is illegal. The order in question was set aside to the extent it stopped salary, affirming that salary is due while duties are discharged until guilt is established.

What did the court decide?

Order dated 17.2.2012 setting aside salary was set aside only to the extent it stopped salary; writ application otherwise dismissed. Allegations not confirmed.

Guneshwar Manjhi Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13352 of 2012

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====================================================== 1. Guneshwar Manjhi Son Of Late Gajjo Manjhi Resident Of Village Bhithi, P.O. Jogdiha, P.S. Banka , District Banka. At Present Posted As Incharge Headmaster, Upgraded Middle School, Rainia, Banka

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna 2. The District Magistrate, Banka 3. The Deputy Development Commissioner, Banka 4. The District Programme Officer (Establishment ), Banka , District Banka 5. The District Programme Officer, Primary Education/Sarv Siksha Abhiyan And Establishment, Banka, District Banka 6. The District Programme Officer, Accounts And Planning/Secondary Education, Banka, District Banka 7. The District Education Officer, Banka

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinu Kumar, Adv. Mr. Shiw Kumar Prabhakar, Adv. For the Respondent/s : Mr. Bandana Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 06-08-2012 Heard learned counsel for the petitioner and the State. The writ jurisdiction is not the first appropriate forum for investigation into disputed facts regarding substandard constructions. The factual and technical nature of enquiry required more appropriately pertains to the administrative jurisdiction of the respondents at this stage. The petitioner is also entitled to an opportunity of defence in accordance with law. Learned counsel for the petitioner submits that

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Patna High Court CWJC No.13352 of 2012 (2) dt.06-08-2012

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conceding for the sake of argument the allegations though not admitting it, salary can be withheld only in accordance with law. So long as he is discharging duties, salary cannot be denied.

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If a Government servant is discharging duties, the fact that he may be alleged to have committed misdemeanor and it may render him liable to disciplinary action cannot be sufficient justification to withhold salary on threat of lodging an F.I.R. or proposed departmental proceeding. Withholding of salary is not a punishment approved in the Service Rules, much less before a finding of guilt is arrived at. The order dated 17.2.2012 is therefore set aside only to the extent that it stops salary.

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The present order cannot be construed as any confirmation of the allegations dated 17.2.2012 or 3.4.2012 which are to be proved by the respondents in accordance with law after opportunity of defence to the petitioner.

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The writ application is dismissed except to the aforesaid extent.

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(Navin Sinha, J)

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P. Kumar/-

Guneshwar Manjhi v. the State of Bihar and Ors.

Case brief

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Guneshwar Manjhi v. the State of Bihar and Ors.

Case brief

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