- (1.) Tapen Sen, J.
(2.) HEARD Mr. Kishor Kumar Mishra, learned counsel for the petitioner and Mr. Suresh Kumar learned J.C. to AAG. In a criminal case under the provisions of Sections 25 and 26 of the Arms Act, the petitioner was arrested and sent to Jail. He remained in Jail during the period 14.9.1994 to 30.6.1996 whereafter he was released. In the mean time having been convicted/sentenced, the petitioner preferred Criminal Appeal No. 14 of 1996, which was decided by the First Additional Session Judge, Palamau on 28.1.1996 and the petitioner was acquitted. A copy of the judgment is Annexure -1. Twelve months thereafter, i.e., on 23.12.1996 the Petitioner was put under suspension for having remained in Jail during the aforementioned period and the ground assigned was that he had not furnished adequate information to the Senior Officers in relation to his having been sent to Jail. The order of suspension was passed on 23.12.1996 but it was made retrospective with effect from 14.9.1994. The Petitioner filed CWJC No. 1425 of 1999 (R) and the retrospective part of the order of suspension was quashed by order dated 13.12.1999 and the respondents were directed to conclude the proceeding within three months from the date of the receipt or production of a copy of the order, failing which it was ordered that the order of suspension shall automatically stand revoked.
(3.) PURSUANT to the aforementioned order, the Petitioner gave his Joining on 22.3.2000 whereafter he was allowed to join but he was not paid his salary. Consequently he again moved CWJC No. 1943 of 2000 (R) which was again disposed off on 10.7.2000 with a direction to file a representation and the concerned respondent was in turn directed to consider and dispose it off by passing a reasoned order within one month. Thereafter on 14.9.2000, the Deputy, Commissioner, Palamau passed the impugned order as contained at Annexure -5 and the petitioner is aggrieved by Clause 1 thereof. Clause 1 of the impugned order which states that during the period spent in Jail, i.e., 14.9.1994 to 30.6.1996, the petitioner would get 50% of his salary for the first 12 months and thereafter from the 13th month onwards, he would get 75% of the dearness allowance. The period spent in Jail would be treated to be Earned Leave and this would be counted in his service.;