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2019 Supreme(Pat) 623

S. KUMAR
Shambhu Nath Das, S/o Late Hari Mohan Das – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr.Siddhartha Prasad, Adv, Mr. Kaustubh, Adv, Mr. Om Prakash Kumar, Adv, Mr. Sumit Kumar, Adv.
For the Respondents: Mr. Prasahant Kumar, AC to SC-5

JUDGMENT :

Heard the parties.

2. Writ petition under article 226 of Constitution of India has been filed for issuance of writ of certiorari to quash the order dated 12.03.2014 passed by Inspector General, Prison, and Reforms Service, Government of Bihar, Patna by which petitioner has been dismissed from the service, however, subsequently by order dated 20.03.2014, the order of punishment has been modified under Bihar Pension Rules and entire pension of petitioner has been forfeited, as well as order dated 14.07.2014, passed by the Appellate Authority, Principal Secretary, Department of Home, Govt. of Bihar, dismissing the appeal of the petitioner. Petitioner has further prayed that period of suspension be treated as period spent on duty and to pay the differential amount of salary for the period petitioner remained under suspension.

3. Briefly stated, the facts of the case is that petitioner was appointed on the post of Warder in the year 1972 and has unblemished record except the present one. On the relevant date i.e. 11.11.2011 petitioner was posted at Mandal Jail, Hajipur as Warder when one under trial prisoner namely Mansoor Khan escaped from the Jail. Petitioner was given charge

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