This writ application seeking salary for a period when the petitioner was absent was dismissed. The court relied on an enquiry report confirming the petitioner's absence and failure to challenge his subsequent departmental punishment.
The writ application seeking payment of salary for the period of absence was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6903 of 2019
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Ajit Kumar S/o Late Mahanand Mehra Assistant Teacher, Primary School Bahrawa, P.S.- Pipra, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Sarvan Kumar, Advocate For the Respondent/s : Mr.Jitendra Kumar Roy 1 (SC13) : Mr. Jai Prabhat Kishore, AC to SC 13
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 02-01-2024
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complaint from any quarters and to the satisfaction of all but due to support from higher officials, one Jahira Khatoon, Assistant Teacher, who was junior to the petitioner, was given the charge of In-charge Headmaster. Thereafter, the said In-charge Headmaster Jahira Khatoon did not allow the petitioner to mark his attendance for the aforesaid period, for which the petitioner has filed various representations and complaints before the higher authorities. He further submits that the villagers as well as Secretary of Vidyalaya Shiksha Samiti have also confirmed that the petitioner was working for the aforesaid period.
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charge no. 2, which is related to absence of petitioner from his duties without information w.e.f 14.05.2014. He also submits that the petitioner participated in the departmental proceeding and after giving due opportunity of hearing to the petitioner, enquiry report was submitted by the Enquiry Officer, in which charges framed against the petitioner were found to be proved. Lastly, it is submitted that a major punishment was imposed upon the petitioner by the disciplinary authority vide Memo no. 1517 dated 20.02.2019 and a sum of Rs. 19,47,766/- was ordered to be recovered from him.
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due enquiry, has found that the petitioner was absent from his duties between the aforesaid period i.e. from 14.05.2014 to January, 2016, I do not find any merit in the present writ application, accordingly, the same stands dismissed.
(Anil Kumar Sinha, J)
rinkee/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 03.01.2024 |
| Transmission Date | NA |
1 issue framed by the court
Whether the writ application for payment of salary is maintainable when the applicant was found absent from duties and punished via departmental proceedings.
Ajit Kumar
State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
