The main legal point established in the judgment is that penalties imposed on an employee must comply with the disciplinary rules, and the employee may be entitled to back wages and increments based on the nature of the penalties and legal principles.

JYOTI SARAN, J.

1. Heard Mr. Mahesh Prasad Singh, learned counsel appearing for the appellant, Mr. Prashant Pratap, learned counsel appearing for the BIADA and Mr. Shankar Kumar, learned AC to AAG-3 for the State.

2. The appellant is aggrieved by dismissal of his writ petition bearing C.W.J.C. No. 3394/2014 by the learned Single Judge of this Court vide order passed on 17.3.2015 in refusing to interfere with the punishment order passed by the Managing Director of Bihar Industrial Area Development Authority (hereinafter referred to as "the BIADA") in exercise of power vested in him as a disciplinary authority.

3. The appeal was admitted for hearing on 29.8.2017.

4. Facts as it transpires from the pleadings on record is that the petitioner was appointed on the post of Typist and was holding the post of Assistant when he was proceeded departmentally for alleged act of misconduct. The proceeding ended in an order of dismissal, a copy of which is enclosed at Annexure 7 to the writ petition and is dated 26.6.2007. The order was questioned by the petitioner before this Court through C.W.J.C. No. 15012/2008 which was heard analogous with other writ petitions and vide judgment and order passed on 5.5.2009 a learned Single Judge of this Court quashed the termination order with liberty to the respondents to proceed in accordance with law and also directed to consider the claim for back wages.

5. On remand of the matter, the proceeding was initiated and the Managing Director vide order passed on 18.6.2009, while allowing reinstatement of the petitioner, again put him under suspension with his Head Office at Muzaffarpur, a copy of which is Patna High Court LPA No.1211 of 2016 dt.08-08-2018 3 enclosed at Annexure 1.

6. The petitioner questioned the suspension order in C.W.J.C. No. 8755/2009. A learned Single Judge on hearing the parties vide order passed on 28.7.2009 issued direction to the respondents to conclude enquiry within four months, failing which the suspension order would stand revoked. A copy of the judgment and order of the learned Single Judge is enclosed at Annexure 9. Since the disciplinary proceeding did not conclude within the period stipulated that the respondents chose it to revoke the same vide order passed on 18.5.2010, a copy of which has been brought on record by Annexure "A" to the counter affidavit filed on behalf of respondents no. 4 to 9 in the present appeal.

7. A plain reading of the order of revocation would confirm that despite being conscious of the pending disciplinary proceeding, the revocation order did not contain any stipulation as regarding payment of pay and allowance during the suspension period. The disciplinary proceeding concluded in the order of penalty of Censure vide order passed on 14.2.2012. Alongside came a direction for reduction of pay and allowance to the subsistence allowance drawn by the petitioner as well denial of increments during the period of his dismissal on 28.6.2007 until revocation of suspension on 18.5.2010.

8. The two orders passed in the case of the petitioner at Annexures 8 and 9 gain relevance for consideration of the grievance raised. The petitioner was dismissed from service on 26.6.2007 which order of dismissal was quashed by a learned Single Judge on 5.5.2009 vide Annexure 8. While considering the claim for back wages the respondents were directed to consider the same and pass appropriate orders. Apparently no order was passed rather it is at the time of passing the punishment order impugned that a decision has been taken for its reduction to the subsistence allowance drawn.

9. The order of punishment bearing memo no. 956 dated 14.02.2012 is impugned at Annexure 2 series to the writ petition and the operative portion reads thus:

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