Petitioner sought salary for suspension period. Court held that death of the sole accused rendered the criminal trial outcome certain, so pendency cannot bar payment. Respondents directed to pay due.
Respondents directed to pay petitioner's salary for suspension period within eight weeks.
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Patna High Court CWJC No.17734 of 2012 (5) dt.21-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17734 of 2012
======================================================
.... .... Petitioner/s
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr. Sanjay Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
Heard learned counsel for the parties.
05. 21.01.2014
Petitioner wants a direction upon the respondent-BPSC to pay his salary for the period of suspension, i.e., 21.12.2012 to 09.02.2005. Initially, he was proceeded departmentally as one of the persons who was said to be indiscrete in purchases made by the Commission for the store section and the so called financial irregularity committed in purchase and supply of such goods.
It is evident that a criminal case as well as departmental proceeding was initiated against all the persons, who were supposedly involved in such indiscretion. Petitioner in departmental enquiry was not
Patna High Court CWJC No.17734 of 2012 (5) dt.21-01-2014
found guilty of the charge brought against him. His role as a Clerk was taken note of by the Enquiry Officer and the matter was allowed to rest at that. However, the commission took a decision that since a criminal case has also been instituted, the outcome of the trial would decide the issue of payment of salary of the petitioner for the period of suspension.
Learned counsel for the petitioner informs the Court that no charge-sheet was filed against him. The final form was accepted with an observation that if during the course of trial something emerges against the petitioner, an appropriate order would be passed, may be under section 319 of the Cr.P.C.
The Court has been informed by the counsel for the petitioner that the sole accused, against whom charges were framed, is dead. If that is the position of trial today, the outcome and the fate of the trial is known in law. There will be no occasion to summon the petitioner at the stage of 319, as there cannot be any possibility of such a situation arising after the death of the sole accused. The Court will have to pass suitable order in the criminal trial now, whatever be the timeframe.
Taking the above developments into
Patna High Court CWJC No.17734 of 2012 (5) dt.21-01-2014
consideration, the pendency of criminal case cannot be a ground for not paying to the petitioner his salary for the period of suspension, i.e., from 21.12.2002 to 09.02.2005. The matter is required to rest now. The respondent-authorities of BPSC are now directed to ensure that the petitioner is paid his rightful due within a period of eight weeks from the date of production / communication of a copy of this Order.
Writ application stands allowed in terms of above.
(Ajay Kumar Tripathi, J.) SKM/-
1 issue framed by the court
Whether the pendency of a criminal trial against the petitioner is a valid ground for withholding his salary during the period of suspension.
Shankar Prasad Choudhary
The Bihar Public Service Commission
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
