Ram Charitra Poddar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.595 of 2015 Arising out of Civil Writ Jurisdiction Case No. 235 of 2007 =========================================================== Ram Charitra Poddar, son of Late Bindeshwari Poddar, at present resident of Village - Pokharia, P.S. - Begusarai, District - Begusarai .... .... Petitioner / Appellant

Versus

1. The State of Bihar

2. The Commissioner, Munger Division-Munger

3. The Collector, Begusarai.

4. The Block Development Officer, Sahebpur Kamal Block, P.S.- Sahebpur Kamal, District- Begusarai.

5. The Block Development officer, Motihani Block, P.S.- Matihani, DistrictBegusarai. .... .... Respondents / Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Onkar Nath, Advocate. For the Respondent/s : Mr. AAG13.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-07-2017 Heard counsel for the appellant and counsel for the State.

The order under challenge is dated 11.07.2011passed by the learned Single Judge who had dismissed the Writ Application refusing to pass any order or direction for payment of salary to the petitioner - appellant for the period he was dismissed from service on the principle of "No Work No Pay".

Patna High Court LPA No.595 of 2015 dt.18-07-2017 2/3 The appellant was proceeded departmentally and on findings recorded against him, the disciplinary authority, i.e., the District Magistrate, dismissed him from service. In the appeal preferred against the said decision before the Divisional Commissioner, Munger, the Divisional Commissioner interfered with the order of dismissal on the ground of the punishment being disproportionate to the allegations and charges, therefore, decided to reinstate him in service but very clearly recorded in his order that the petitioner does not stand exonerated as such of the charges which were brought against him. He also passed an order that the period of dismissal will be treated as "No Work No Pay". Neither the learned Single Judge nor the Divisional Commissioner order can be said to be bad which is required to be interfered with because the appellant has not been exonerated. Only on the ground of proportionality he was reinstated in service but that in no way gives him a clean-chit with regard to his conduct which led to his dismissal.

If it was a case of clean acquittal then the concept of compensation for the period of removal and payment of salary could have come into play but since it is not one of those cases, the appellant should be happy to have got back the job and having managed to superannuate in the year 1999 being an ex-government

Patna High Court LPA No.595 of 2015 dt.18-07-2017 3/3 servant and not a dismissed government servant. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.07.2017 Transmission Date N/A