Arun Kumar v. The Board Of Director,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6276 of 2024 ====================================================== Arun Kumar Son of Jagdish Singh @ Jagdish Prasad, Resident of VillageMaksudpur, Police Station- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The Board of Director, Bihar State Cooperative Milk Producers Federation Limited, Patna through the Managing Director, Tirhut Dugdha Utpadak Sahkari Sangh Ltd. Muzaffarpur.

2.

The State of Bihar through the District Magistrate-cum- Administrator, Tirhut Dugdha Utpadak Sahkari Sangh Ltd. Muzaffarpur. 3.

The Managing Director, Tirhut Dugdha Utpadak Sahkari Sangh Ltd. Muzaffarpur.

4.

The Managing Director, Bihar Cooperative Milk Producers Federation Limited B-9, Shri Krishnapuri, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanand Roy, Adgocate For the R. No.1 to4 :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) For quashing the order of punishment dated 21/22.01.2019 passed by Managing Director, Tirhut Dugdha Utpadak Sahkari Sangh Ltd., Muzaffarpur by which following order of punishment has been passed against the petitioner.

(a) The service of the petitioner will be treated as fresh service with effect from the date of his joining i.e. 24.02.2018 and the period from 01.07.2005 to 23.02.2018 will be treated as break in his service and payment of salary or any other benefit will not be admissible to him for this period.

Patna High Court CWJC No.6276 of 2024(2) dt.26-04-2024 2/2 (b) Payment of salary for the period of unauthorized absence and the period for which leave has not been sanctioned will not be made to the petitioner on the basis of the principle of "No work, no pay". However, payment of the arrears of salary of the other period will be made to the petitioner."

2.

At the outset, the learned counsel for the petitioner, in view of the judgment rendered by the Full Bench of this Court in the case of Vidya Bhushan Abhay vs. Bihar State Cooperative Milk Producers Federation Limited, reported in 2010(4) PLJR 26, submits that the petitioner be granted liberty to avail such other remedies as are otherwise available under the law. Liberty so sought is granted. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U