Suresh Paswan vs State of Jharkhand - 2022 Supreme(Jhk) 527

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 527

ANANDA SEN
Suresh Paswan – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K. Kataria, Advocate
For the Respondent: Md. Shahbuddin, Mr. Suraj Prakash, AC to SC-VII

JUDGMENT :

Heard the learned counsel for the petitioner and the State.

2. Petitioner has challenged the Memo No. 1455 dated 3.6.2016 by which after conclusion of the departmental proceeding the petitioner was punished with withholding of six months increments from the salary which would not have any effect in the future increment and further salary for the period which he was absent will be treated as “no work no pay” and the same will be adjusted against his leave.

3. Counsel for the petitioner submits that the petitioner took leave for marriage of his daughter, but thereafter overstayed for 27 days as he was suffering from Jaundice and other liver ailments. He submits that on the ground that he overstayed, he was punished vide Order No. 1683 dated 11.6.2015. The said punishment was only of censor and of “no work no pay” for the period of absence. It is his contention that the said punishment was inflicted without following the due procedure of law, thus the authorities set aside the said findings and directed for a fresh inquiry. Fresh inquiry was conducted and after submission of the report, the petitioner was punished by the impugned order dated 3.6.2016 contained in Memo No. 1455

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