Anandi Kumar Singh v. The Bihar State Electricity Board And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13905 of 2013 ====================================================== Anadi Kumar Singh S/o Late R.N. Singh, Resident of Village- Kendwaria (Karogram), P.S.- Karogram, District- Deoghar (Jharkhand). ... ... Petitioner/s
Versus
1.
The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna.
2.
The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
3.
The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
4.
The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Advocate For the Respondent/s :
Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-09-2024 Heard Mr. Rakesh Singh, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned counsel appearing on behalf of the respondents.
2. The petitioner, in paragraph no. 1 of the present writ petition, has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1. That, this is an application for issuance of an appropriate writ for setting aside the order No.854 (12/Store-CC-1025/09 dated 23.03.2010 passed by the respondent No.4 as contained in Annexure-6 whereby the respondent Board, after withdrawal of the dismissed of the petitioner from his service has denied any payment for the period wherein the petitioner remained dismissed on the principal of no work no pay and the said period has no be counted for retiral benefits. Further 5% of amount has to be deducted from his pension amount. The
Patna High Court CWJC No.13905 of 2013(4) dt.30-09-2024 2/2 petitioner further prays for grant of any other relief/reliefs which his is found to be entitled in this matter."
3. Considering the statement made in paragraph no.12 of the counter affidavit that a fresh order has been passed in light of the order passed in CWJC No.10268 of 1996 by which the punishment order has been set-aside and quashed by this Court, the petitioner becomes entitled for payment of the arrears of salary before the subsequent disciplinary proceeding was initiated against him. The petitioner may take appropriate steps to file a detailed representation before the concerned authority to claim for payment of his salary and also avail appropriate remedy in accordance with law, against the order, which has been passed against him.
4. With the aforesaid direction/observation, the present writ petition stands disposed of.
(Purnendu Singh, J.) Mantreshwar/- Ashishsingh/- U