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2025 Supreme(Jhk) 1157
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., RAJESH SHANKAR, J.
Bira Ram, S/o. Late Shiv Pujan Ram - Appellant
Versus
The State of Jharkhand & Ors. - Respondents
L.P.A. No. 604 of 2024
Decided On : 29-04-2025
For the Appellant : Dr. Ashok Kumar Singh.
For the Respondents: Mr. Manish Kumar, Sr.S.C.-II.
Delay and laches can bar claims for relief under discretionary writ jurisdiction, emphasizing the importance of timely action by petitioners.
Headnote:(A) Constitution of India - Article 226 - Jharkhand Service Code - Denial of full salary during suspension - Appellant challenged the rejection of his claim for full salary for the suspension period due to delay and laches. Legal principle highlights that delay and laches can preclude relief under discretionary writ jurisdiction. (Paras 12, 13, 14, 15, 16, 19)
(B) Principles of natural justice - Appellant claimed violation of these principles due to lack of opportunity to contest denial of full salary; however, court noted his significant delay in challenging the order. (Paras 4, 18)
(C) Continuing wrong doctrine - Court rejected the appellant's argument that his situation constituted a continuing wrong, emphasizing that the cause of action arose at the time of the disciplinary order in 2007. (Paras 16, 17)
Facts of the case:
The appellant, a former Junior Engineer, was suspended from service between 2003 to 2006, receiving only subsistence allowance while the disciplinary action concluded with penalties, including denial of full salary for the suspension period.
Findings of Court:
The court upheld the decision of the learned Single Judge, rejecting the appellant's claim for full salary due to his significant delay in filing for relief.
Issues: Whether delay and laches barred the appellant's claims for full salary during suspension and if principles of natural justice were violated.
Ratio Decidendi: The court concluded that delay in filing for claims undermines the seriousness of the relief sought, and natural justice was not violated as the appellant had ample time to address the salary denial earlier.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. appellant's suspension and salary dispute (Para 1 , 2) |
| 2. arguments for full salary and natural justice (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents' defense on delay and laches (Para 8 , 12) |
| 4. court's observations on delay, laches, and the nature of claims. (Para 9 , 10 , 11 , 18) |
| 5. judicial guidance on delay and laches (Para 13 , 14 , 15) |
| 6. understanding continuing wrong in salary claims (Para 16 , 17) |
| 7. appeal dismissed, order affirmed (Para 19 , 20) |
JUDGMENT :
Rajesh Shankar, J.
The present appeal is directed against the part of the order dated 04.09.2024 passed in W.P. (S) No. 6704 of 2023 whereby the learned Single Judge has rejected the prayer of the petitioner/appellant for the payment of full salary for the period during which he remained under suspension i.e. from 03.11.2003 to 12.01.2006, on the ground of delay and laches. Further prayer has been made for quashing and setting aside the order as contained in clause (ga) of paragraph no. 04 of the notification as contained in memo no. 670 dated 23.03.2007 issued by the State Government after conclusion of departmental proceeding conducted against the appellant whereby it was ordered that the appellant would not get any payment except the subsistence allowance for the suspension period.
2. The factual ground of the case is that the appellant was appointed as Junior Engineer in the Department of Water Resources, Government of Bihar and was allotted Jharkhand Cadre after bifurcation. He retired from service on 31.01.2013 and at the time of retirement, he was serving as Engineer-in-Chief-II in the Department of Water Resources, Government of Jharkhand. The appellant was under suspension for the period from 03.11.2003 to 12.01.2006 and during the said period, he was paid the subsistence allowance. The departmental proceeding initiated against the appellant was concluded vide impugned order dated23.03.2007 and the following punishment was awarded to him: -
(i) Censor (year 2000-2001)
(ii) Recovery of Rs. 1,89,580.35
(iii) For the suspension period, the appellant would not be paid any amount except the subsistence allowance, however the said period would be counted for the pension etc.
3. The learned counsel for the petitioner has submitted that the appellant filed writ petition being W.P.(S) No. 6704 of 2023 raising two claims; one was for payment of difference of salary between the post of an Executive Engineer vis-a-vis the Superintending Engineer, Chief Engineer and Engineer-in-Chief for the period he held these higher posts and the other was for the payment of full salary for the suspension period. The said writ petition was partly allowed by the learned Single Judge vide order dated 04.09.2024 and though the first prayer with respect to difference of salary was allowed, the other prayer for payment of full salary for the suspension period was rejected on the ground of delay and laches.
4. The learned counsel for the appellant has assailed the order of the learned Single Judge on the ground that before passing the order dated 23.07.2007, the appellant was not afforded any opportunity of hearing on the specific point of being denied full salary for the period of suspension i.e. from 03.11.2003 to 13.01.2006 and thus there was violation of the principles of natural justice.
5. It has further been submitted that the impugned order is also against the provisions contained in Rule 97 of the Jharkhand Service Code. Moreover, the appellant had filed several representations before the competent authority of Water Resources Department, Government of Jharkhand for payment of difference of salary between the post of Executive Engineer vis-a-vis Superintending Engineer, Chief Engineer and Engineer-in-Chief for the period he held these higher posts as well as for payment of full salary for the period of suspension.
6. It has also been argued that though the learned Single Judge allowed the claim of the appellant for payment of salary of the posts of Superintending Engineer, Chief E
