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ANSHUMAN
Anupam Kumar Tiwary – Appellant
Versus
State of Bihar – Respondent
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
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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