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Patna High CourtCWJC/16994/2008partly allowed disposal

Md.Sirajuddin v. The State Of Bihar And ORS

2022-07-21Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16994 of 2008 ====================================================== Md.Sirajuddin, Son of Late Mushaheb Mian @ M. Rehaman Resident of Village- Bahuara Haribansh, P.S.- Kalyanpur, P.O.- Rajpur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 21-07-2022 None appears for the petitioner.

On 14.07.2022, following order was passed:- "None appears for the petitioner.

1st Respondent is hereby directed to file an affidavit as to whether an employee could be punished retrospectively or not, before the next date of hearing, failing which he shall be present in the Court along with relevant records.

In the present case, by impugned order dated 05.10.2007, petitioner has been dismissed from service w.e.f. 01.09.1988.

Re-list this case on 21.07.2022."

Petitioner was dismissed from service on 01.09.1988. Such dismissal order from retrospectivity was ordered on 05.10.2007.

Learned counsel for the State could not apprise this Court with reference to any provision of law by which Disciplinary authority is empowered to impose one of the major

Patna High Court CWJC No.16994 of 2008 dt.21-07-2022 2/2 penalty while giving it from retrospective date. Therefore, the impugned order of dismissal is required to be read as the petitioner was dismissed from service from 05.10.2007. In the light of modification of the dismissal order that it shall be effective from the prospective date i.e. 05.10.2007, the Staterespondents are hereby directed to extend all service benefits during the intervening period from 01.09.1988 to 05.10.2007. If the petitioner is entitled to any monetary benefits, the same shall be calculated and disbursed within a period of three months from the date of receipt of this order. Accordingly, the present petition stands allowed in part.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 26.07.2022 Transmission Date