Patna High CourtCWJC/6655/2013disposed

Mahesh Nand Jha v. The State Of Bihar And ORS

2015-03-20Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6655 of 2013 =========================================================== Mahesh Nand Jha, S/o Late Saryu Kant Jha, R/o Village- Mahishi, Police StationBibhutipur, District- Samastipur, At present working as Panchayat Secretary (Under Suspension) Collectorate, Saharsa .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Saharsa

3. The District Development Commissioner, Saharsa

4. The Block Development Officer, Patarghat, District- Saharsa

5. The District Agriculture Officer, Munger .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mr. Sanjeev Kumar Mishra, Advocate. For the Respondent/s : Md. Anis Akhtar, A.C. to G.A. 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 20-03-2015 During the pendency of the writ petition suspension of the petitioner has been revoked with observation that payment of full salary for the suspension period shall be considered at the time of consideration of the Inquiry Report.

In the circumstances, prayer made in the writ petition has become infructuous, which is, accordingly, disposed of. However, before parting with this order, I would like to observe that salary due to the petitioner prior to his date

Patna High Court CWJC No.6655 of 2013 dt.20-03-2015 2/2 of suspension i.e. 6.1.2012 should be paid to him as it is submitted on behalf of the petitioner that his payment of salary was stopped from 1.10.2011. For payment of salary for the period between 01.10.2011 till 5.01.2012 petitioner would be well advised to file a representation, which the respondent Disciplinary Authority shall be obliged to dispose of in accordance with law within one month from the date of receipt of the representation. It also goes without saying that subsistence allowance found not paid to the petitioner should also be paid within the aforesaid one month.

(V.N. Sinha, J) P.K.P.