Disposed

Haradeo Narayan Singh v. the State of Bihar and Ors.

Patna HC26 Jun 2012CWJC/9465/2012

Case brief

AI extract

What is this about?

High Court held pendency of criminal trial cannot withhold superannuation benefits or service dues. Dept of Human Resources Development directed to decide treatment of custody and suspension period within eight weeks if inquiry report submitted.

What did the court decide?

Respondents directed to take decision on treatment of period of custody and suspension within eight weeks; petitioner not entitled to salary less subsistence allowance during custody.

Haradeo Narayan Singh Vs the State of Bihar… — Pension and Retirement Benefits | Patna HC (2012)

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Patna High Court CWJC No.9465 of 2012 (3) dt.26-06-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9465 of 2012

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====================================================== Haradeo Narayan Singh Son Of Late Digmbar Singh Resident Of Village - Keshavpur, P.O.- Keshavpur, Via- Gidhaur, P.S.- Jhajha, District - Munger .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, New Secretarait, Vikas Bhawan, Patna 3. The Secretary, Department Of Human Resources Development, Govrnment Of Bihar, New Secretariat, Vikas Bhawan, Patna 4. Director, Secondary Education, Government Of Bihar, Patna 5. The Regional Deputy Director Of Education, Bhagalpur Division, Bhagalpur 6. The District Education Officer, Jamui, District - Jamui 7. The District Account Officer, Jamui, District - Jamui 8. The District Treasury Officer, Jamui, District - Jamui 9. The Divisonal Education Officer, Jamui, District - Jamui 10. The Block Education Officer, Jamui, Block- Jamui, District- Jamui 11. The Block Education Officer, Lakhsmipur, Block - Lakshmipur, District - Jamui 12. The Headmaster, Kumar Harishankar Vijay High School, Keshavpur, District - Jamui 13. The Accountnt General (A & E), Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra For the Respondent/s : Mr. B.S. Pandey, A.C. to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 3 26-06-2012 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by orders dated 23.09.2005 and 29.09.2000 which purport to keep him under departmental proceedings and defers any decision with regard to his period of custody and suspension awaiting the outcome of the

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Patna High Court CWJC No.9465 of 2012 (3) dt.26-06-2012

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criminal prosecution pending against the petitioner.

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A memo of two charges was framed against the petitioner while in service on 27.07.2005. A criminal case is also stated to have been instituted on allegations contained in charge no. 1. The impugned orders reveal that in the departmental proceedings, the Enquiry Officer did not return any finding on charge no. 1 on account of the pendency of the criminal case and exonerated the petitioner of charge no. 2. It is manifest that charge no. 2 was an outcome of charge no.1. The petitioner has superannuated on 30.11.2010. In absence of a counter affidavit, it is not known whether the respondents proceeded on any difference of opinion after submission of inquiry report on 23.09.2005 till his superannuation. The petitioner alleges that nothing further transpired after submission the inquiry report.

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Adjournment had been granted earlier to file counter affidavit. No counter affidavit has been filed. The Court is not persuaded to adjourn the matter for the purpose any further. If an inquiry report of exoneration was submitted in the departmental proceeding on 02.09.2005 and the respondents did not act upon the same in accordance with law by any difference of opinion, permitted the petitioner to resume duties and superannuate in that status on 30.11.2010, the Court finds it difficult to hold that the

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Patna High Court CWJC No.9465 of 2012 (3) dt.26-06-2012

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departmental proceedings shall be deemed to still continue under Rule-43(b) of the Bihar Pension Rules. This observation is subject to any steps that the respondents may have taken in accordance with law after submission of the inquiry and any final orders that may have been passed in the departmental proceedings.

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If a departmental proceeding was held, the manner in which the period of custody and suspension is to be treated has to be decided by the disciplinary authority. It cannot be deferred keeping the departmental proceeding pending after submission of the inquiry report awaiting the outcome of the criminal trial.

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The petitioner is not entitled to any salary less the subsistence allowance for the period of custody. In so far as the period of suspension is concerned, and the manner it has to be dealt with was required to be decided by the respondents dependent on what may have ultimately transpired on the inquiry report and in what manner the departmental proceedings ultimately culminated.

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Let the respondents now take a decision in accordance with law on the twin issues of the manner in which his period of custody and suspension has to be treated for service purpose within a maximum period of eight weeks from the date of receipt and /or production of a copy of this order.

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Patna High Court CWJC No.9465 of 2012 (3) dt.26-06-2012

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The pendency of a criminal case without any judicial finding of guilt cannot be a ground to withhold superannuation benefits or service dues.

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The application stands disposed.

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(Navin Sinha, J.)

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Md. Ibrarul/-

Haradeo Narayan Singh v. the State of Bihar and Ors.

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Haradeo Narayan Singh v. the State of Bihar and Ors.

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