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2023 Supreme(Pat) 404

K. VINOD CHANDRAN
Md. Shahjahan – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Sanjeev Kumar.
For the Respondents: Mr. Kaushlendra Kumar Sinha.

K. VINOD CHANDRAN, CJ.:–The writ petition is filed against the order declining full pay and allowances during the period in which, allegedly, the petitioner was wrongly kept out of service. The petitioner was an employee of the State Bank of India having joined the bank on 18.01.1989. The petitioner’s wife had initiated a criminal proceeding under Section 498(A) I.P.C. pursuant to which the petitioner was arrested by the Police and detained in custody between 22.11.2003 to 15.01.2004. The petitioner was released on bail on 15.01.2004 on which date itself the petitioner was suspended as per Annexure-1. The petitioner represented with Annexure-2, contending that the case filed by his wife was false and that he had reported for duty on 17.01.2004, from which date he has been working in the Bank’s service. It was also pointed out that the Fast Track Promotion Test was to be held on 08.02.2004, in which he was eligible to participate. The petitioner also requested that he be allowed to continue, till the charge-sheet is filed, and permitted to appear in the promotion test. The Bank declined his request by Annexure- 3. The petitioner, by Annexure-4, sought for subsistence allowance which

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