IN THE HIGH COURT OF JUDICATURE AT PATNA
Dr. ANSHUMAN, J.
CWJC No. 8536 of 2018
(24.9.2024)
Anupam Kumar Tiwary ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Service Law – Departmental Proceeding – Bihar Govt. Servants (CCA) Rules, 2005 – Rule 13 – Salary for the period of termination till the reinstatement denied to the petitioner – Earlier, while setting aside the order of termination, the DGP Police given liberty to review the decision and, if found to be an act of insubordination and to take decision in accordance with law – No such decision for the act alleged insubordination has been acknowledged by the authorities and his removal has been set aside completely in compliance of the order passed by the Hon'ble Court in earlier writ petition – In terms at Rule 13 of the CCA Rules, in case of reinstatement, period of dismissal is to be treated in services for all purpose – Petitioner is, therefore, entitled for 100% salary – Impugned order set aside – Petitioner directed to be paid his full salary – Writ petition allowed. (Paras 5 to 14)
Dr. Anshuman, J.—Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed for the following relief/s:—
(i) For issuance of an appropriate writ, order or direction for quashing impugned order contained in Letter no. 1909/L-1/43- 04-19-2014 dated 15.02.2017 issued by the DGP, Bihar, Patna denying balance unpaid 50% salary to the petitioner for the period of termination to the date of reinstatement and letter no. 624 dated 03.03.2017 issued by Superintendent of Police, C.I.D., Patna through which it has been ordered for payment of only 50% salary to the Petitioner in place of 100% salary as per letter no. 909/L-1 dated 15.02.2017 issued by D.G.P., Police Headquarter.
(ii) For issuance of an appropriate writ, order or direction for making 100% payment of salary to the Petitioner for total termination period from 11.06.2014 to the date of his reinstatement dated 17.06.2016 after adjustment of 50% of salary already paid.
(iii) For grant of other appropriate reliefs for which the Petitioner will be found eligible.
3. Learned Counsel for the petitioner submits that he had joined the service on 31.08.1984 in Bihar Police on the post of Constable and with the span of time, he was promoted to the post of Assistant Sub-Inspector of Police, C.I.D., (Crime Branch). Counsel submits that under a scheme, the petitioner has obtained loan of Rupees Two lakhs as House Building Advance. In first installment, he has taken Rs. 1,50,000/- and after using of the first installment he has obtained the second installment for construction of a House of Rs. 50,000/-. In this way, he had taken Rupees 2 Lakhs advance loan. Counsel submits that till July 2014, he has paid total 141 installments out of total 160 installments at the rate of Rs. 1250/- per installment and as such, the petitioner has paid Rs. 1,76,250/- out of total loan amount of Rupees Two Lakhs. Counsel Submits that at the time of total installment 138 installments had been paid and the certificate to this effect has been obtained.
4. Thereafter, he was transferred from Shekhpura to the Office of S.P., C.I.D., (Crime Branch), Patna where he had paid three installments as such, he had totally paid 141 installments but the petitioner has received a show cause notice from the Director General of Police under Rule 853 A (a) vide letter No. 1821 dated 06.07.2001 about false receiving of installments. It has been alleged that in form 17, on the ground of submissions of false bond paper, a Gandhi Maidan P.S. Case No. 147 of 2003 under Sections 420 and 409 of the Indian Penal Code was registered on 20.05.2003. The petitioner subsequently received information about lodging of the aforesaid FIR. Thereafter, he received information that a proceeding has been initiated against him. The petitioner appeared and filed his reply in the said proceeding. Counsel further submits that the Departmental Proceeding No. 137 of 2003 was initiated against him in which punishment of one “Black Mark” in service record and none payment of any other allowance except suspension allowance is imposed. Counsel submits that the said punishment of one “Black Mark” in service record and none payment of any other allowance except suspension allowance was accepted by the petitioner but after lapse of nine years, the Director General of Police while exercising his power under Rule 853 A (a) had asked an explanation from the petitioner as to why he may not be terminated from the services since earlier imposed punishment is lesser. Counsel submits that the petitioner has responded but final order of termination was passed by the Director General of Police, Bihar, Patna vide letter No. 3086 dated 11.06.2014 against the petitioner. Counsel further submits that he had challenged the said order in CWJC No. 10168 of 2014 before this Hon’ble Court. Vide order dated 29.01.2016 passed in CWJC No. 10168 of 2014 the order of termination contained in letter No. 3086 dated 11.06.2014 issued
A reinstated government servant who has been fully exonerated is entitled to full pay and allowances for the period of absence due to wrongful dismissal, as per Rule 54(2) of the Financial Handbook.
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
A government servant acquitted in a criminal case initiated by a private party is not entitled to full salary for the suspension period under the principle of 'no work no pay'.
Disciplinary authorities must provide clear, cogent reasons for their decisions, adhere to procedural fairness, and comply with statutory time limits when revising punishments.
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