RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer of the petitioner in this writ application is for quashing the order as contained in Annexure -20 dated 20.5.1999, whereby the petitioner was awarded punishment of censure and was further ordered that he would not get in anything except the subsistence allowance during which he was under suspension. Further prayer is for direction to the respondents to pay full salary for the period of suspension and also to pay the subsistence allowance to the petitioner from 5.8.1997 to May 1998.

(2.) THE case of the petitioner is that he was allowed the continuity of service for the purpose of counting of his pension. It has been specifically stated that before awarding of punishment the petitioner was neither supplied with the copy of the enquiry report nor was given any notice to show cause. This fact has not been disputed by the respondents in their counter affidavit rather the case of the respondents is that the same was not required to be supplied to the petitioner in the facts and circumstances of the case.

(3.) IN view of the decision in the case of Mahabir Prasad v. State of Bihar, reported in 1988 PLJR 82, wherein relying on the decision in the case of M. Gopalkrishna Naidu v. The State of M.P., reported in AIR 1968 SC 240, the Division Bench while considering the Rule 97 of the Bihar Service Code, held that the petitioner was entitled to have an opportunity to show cause and since no notice to show cause was given to the petitioner and therefore, the order for non -payment of salary for the suspension period was held to be bad.