Dinesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9441 of 2019 ====================================================== Dinesh Kumar Rai son of Yogendra Rai Beat No. 1/4, resident of VillageInayatpur Prabodhi, P.S.- Sarai, District- Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Home Department, Department of Government of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, Vaishali.

3.

The Superintendent of Police, Vaishali.

4.

The Deputy Collector, Vaishali.

5.

The Circle Officer, Bhagwanpur.

6.

The Station House Officer Sarai, District- Vaishali. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar, Advocate For the Respondents :

Mr.Md. N.H. Khan (SC 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner has filed the present writ petition for a direction to the respondents to pay salary during the period of his suspension.

Learned counsel appearing on behalf of the petitioner would submits that the petitioner is under suspension on account of the fact that he was made accused in Sarai P.S. Case No. 117 of 2009 registered for the offences under Sections 341, 342, 323, 307, 386, 379 and 302 of the Indian Penal Code. On

Patna High Court CWJC No.9441 of 2019(2) dt.09-06-2020 2/2 24.04.2015 the petitioner was acquitted of the charges by learned Additional District & Sessions Judge-cum-Special Judge 1, Vaishali at Hajipur and he has not been subjected to any departmental proceeding and suspension of the petitioner was finally revoked by the respondents but he has not been paid salary for the period during which he was put under suspension. Considering the fact that no departmental proceeding was initiated against the petitioner and only on account of pendency of the criminal case, he has been put under suspension and suspension was finally revoked, the Court is constrained to direct the respondents to take appropriate decision for payment of salary for the period of suspension on account of the pendency of the criminal case. Necessary decision for payment of consequential benefits shall be taken by the District Magistrate, Vaishali at Hajipur with a period of of three months from the date of receipt/production of a copy of this order With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U