JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 2438 of 2022 :

1. Learned counsel for the appellants has submitted that he is not pressing the instant interlocutory application since the appeal has been filed in time.

2. Considering the same, the instant interlocutory application is dismissed as not pressed.

L.P.A. No. 118 of 2022:

3. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 30.11.2021 passed by the learned Single Judge of this Court in W.P.(S) No. 419 of 2019, whereby and whereunder, by which the order of punishment dated 08.10.2018 imposing the punishment of dismissal from service upon the writ petitioner has been quashed and set aside with a direction that the period of absence from duty shall be regularized by the respondent-authorities in accordance with law and the same shall be treated as period spend on duty without break in service for the purpose of pension and post retiral benefits.

4. The brief facts of the case as per the pleading made in the writ petition which require to be enumerated herein, read as under:

The writ petitioner was appointed in the service of Government on the Post of Primary Teacher on the recommendation of the Bihar Public Service Commission, Patna, vide office order issued by Respondent No.3 as contained in memo No.1380, dated 23.06.2000. Pursuant to offer of appointment the petitioner submitted his joining before Respondent No.3 on 24.06.2000. The writ petitioner, while continuing in Primary School, Budhudih, has suffered from mental illness in March, 2003 which prevented him from joining the School and the father of the petitioner informed respondent No.3 regarding mental illness of the petitioner and request has been made that when the petitioner becomes medically fit then immediately he would join the services. The wife of the petitioner also informed the respondent No.3 regarding the mental condition of the petitioner and the petitioner continued to remain under medical treatment till February, 2011. The writ petitioner, continuously remained under the medication and under care and observation and the attending doctor-Dr. Ashish Soy, Neuropsychiatrist, CIP, Kanke, Ranchi examined him on 03.02.2011 and found him fit for duty. Thereafter the wife of the petitioner filed a representation dated 19.04.2011 before respondent No.3 which did not evoke any response. Again representation by the wife of the petitioner before the Hon’ble Chief Minister, Jharkhand was made on 22.02.2011. Thereafter, the Deputy Secretary to the Hon’ble Chief Minister, Jharkhand vide letter dated 20.05.2011 requested the respondent No.2 to do the needful upon the representation submitted by the petitioner’s wife but no order was passed by the respondent No.2 about acceptance of joining of the petitioner. To the utter surprise, all of a sudden a press communique was published in the daily newspaper calling upon the petitioner and one another teacher to submit their defence before respondent No.3 within 15 days failing which the decision with respect to termination of their services would be taken. After coming to know about the aforesaid press release the petitioner submitted representation on 21.11.2011 along with medical prescriptions and fitness certificate before respondent No.3 and requested to consider his case on sympathetic grounds and allow him to join his duties but the respondent No.3 without considering the representation of the petitioner passed order of termination from services as contained in office order dated 01.12.2011. Aggrieved thereto, the petitioner moved this court assailing the order of termination in W.P.(S) No.2008 of 2012 and this Court after hearing the parties quashed the order of termination remitted the matter back to the respondents to conduct a denovo enquiry regarding alleged un-authorized absence from duty. The same was conducted and the claim of the petitioner regarding reinstatement was turned down vide order dated 08.10.2018.

Being ag