The Patna High Court dismissed a writ petition filed by a suspended petitioner seeking arrears of salary for a suspension period, ruling that the punishment order explicitly barred payment except for subsistence allowance.
Petition dismissed summarily; no salary arrears granted beyond subsistence allowance.
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| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6689 of 2006 ====================================================== |
|---|
Satyadeo Prasad Singh son of late Mathura Singh |
| .... .... Petitioner/s |
| Versus |
| 1. The State Of Bihar |
| 2. The Secretary, Agriculture Production Commissioner, Bihar, Patna. |
| 3. The Joint Secretary, Agriculture, Bihar, Patna. |
| 4. The District Magistrate, Nawadah. |
| 5. The District Agriculture Officer, Nawadah .... .... Respondent/s ====================================================== Appearance : |
| For the Petitioner/s : Mr. Md.Abu Haidar |
| For the Respondent/s : Mr. Manoj Kumar A.C. to SC VI ====================================================== |
CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER
2 25-07-2012 The petitioner has filed this writ petition claiming salary arrears for the period 03.10.1985 to 16.201987. The aforesaid period is the period when he was suspended in contemplation of departmental proceeding. In the writ petition he has merely claimed that the proceeding has been concluded but he has not been paid for the said period.
A counter affidavit has been filed in which on record is the order of punishment in the disciplinary proceeding is itself appertaining to which petitioner was punished for the aforesaid period. In the punishment order itself it is stated that for the period of suspension i. 03.10.1985 to 17.10.1987 the petitioner was not to be paid apart from
Patna High Court CWJC No.6689 of 2006 (2) dt.25-07-2012
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subsistence allowance.
In that view of the matter, there is no merit in the writ petition. It is dismissed summarily.
(Navaniti Prasad Singh, J)
M.Rahman/-
2 issues framed by the court
Whether the suspended petitioner is entitled to salary arrears for the period of suspension despite the punishment order prohibiting payment except subsistence allowance?
Whether the claim for salary during suspension period has merit in light of the disciplinary order?
1 provisions across 1 enactments
Satyadeo Prasad Singh
The State Of Bihar
The Secretary, Agriculture Production Commissioner, Bihar
The Joint Secretary, Agriculture, Bihar
The District Magistrate, Nawadah
The District Agriculture Officer, Nawadah
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
