Rajendra Prasad Kesary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9012 of 2014 =========================================================== Rajendra Prasad Kesary Son of Late Deo Nandan Prasad Singh, Resident of villageAsadpur, Satpura, P.S.- Bhagwanpur, District- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Water Resources Deptt. Govt. of Bihar, Patna
3. Deputy Secretary, Water Resources Deptt. Govt. of Bihar, Patna
4. Chief Engineer, Local Area Engineering Organisation Water Resources Department, Vishwariya Bhawan, Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Respondent/s : Mr. Vivek Anand Amritesh, AC to SC 28 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 16-08-2018 Heard counsel for the petitioner and the respondent State.
2. Writ petition has been filed claiming that the period between 01.01.1997 to 05.04.2000 for which petitioner has been denied salary may be treated as period of waiting for posting.
3. Earlier the petitioner had approached this Court by filling C.W.J.C No. 11902 of 2004 for the same relief. By order dated 06.08.2010 this Court has denied to interfere with the order of punishment with regard to withholding of salary for the period 01.01.1997 to 05.04.2000. Against the order dated 06.08.2010 passed in C.W.J.C No. 11902 of 2004 the petitioner has filed LPA No. 1482 of 2010. By order dated 07.07.2011 in the said LPA the Division Bench of Court has clarified the order of the learned single Judge to the extent that appellant's period of service during which he was
Patna High Court CWJC No.9012 of 2014 dt.16-08-2018 2/2 waiting, if any, for posting shall not be treated leave period.
4. However, the respondents have not treated the period from 01.01.1997 to 05.04.2000 as period of waiting for posting. The respondents have filed their counter affidavit. Their specific case is that service of the petitioner was returned to the Water Resourced Department on 08.01.1996 but he submitted his joining on 14.10.11996 then he was posted to Zonal office, Daltonganj but he did not join the duty. As such the petitioner remained under waiting for posting only for the period 14.10.1996 to 31.12.1996 and remained absent from duty in unauthorized manner for the period 01.01.1997 to 05.04.2000.
5. No rejoinder has been filed disputing or denying the aforesaid assertions made by the respondents.
6. In view of the aforesaid uncontroverted assertion made by by the respondents, there is no occasion for this Court to issue any direction in favour of the petitioner as the order has been passed after considering all aspects of the matter.
7. The writ petition is devoid of merit and the same is dismissed.
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