- (1.) PETITIONER has joined the service on 29.01.1979. Persons junior to the petitioner, shown at serial no. 7 and onwards (Annexure 27 to the writ petition), were given benefit of ACP. Petitioner was denied benefit of ACP on the ground that petitioner was awarded punishment of 'censure' in the year 2002, as communicated to the petitioner on 10.07.2002, vide Annexure 24.
(2.) MRS. Ritu Kumar, learned counsel for the petitioner vehemently argues that petitioner was entitled for benefit under the first ACP with effect from 09.08.1999, as was given to the other similarly situated persons as shown in Annexure 27 dated 04.03.2005. She further contends that this benefit could not have been denied to the petitioner, simply because petitioner was awarded punishment of 'censure' in the year 2002; There was no punishment order as on 09.08.1999 against the petitioner. This is the settled principle of law that any punishment awarded ordinarily shall be effective from the date it was awarded and shall not be treated with retrospective effect. Therefore, there was no punishment against the petitioner on 09.08.1999, the date when the petitioner was entitled for the benefit of first ACP. It is also settled position that punishment of 'censure' shall cease to have effect after expiry of three years. Mrs. Ritu Kumar states that in view of the above, if benefit of first ACP is granted to the petitioner with effect from 09.08.1999, since there was no punishment effective on that day, there will be no need to enter into the question of legality and validity of awarding the punishment of 'censure' in the year 2002.
(3.) LEARNED counsel for the State Mr. R.N. Roy, G.P. III, assisted by Mr. Jalisur Rahman, J.C. to G.P. III, has fairly stated that let the petitioner be directed to move a representation within 15 days from today, claiming the benefit of ACP and decision thereon shall be taken in accordance with law preferably within 60 days, and punishment of 'censure' awarded in 2002 shall not be treated as disqualification for the benefit, which otherwise would have accrued to the petitioner in the year 1999. In view of the above, present petition is disposed of with a direction that petitioner shall move a representation before the Respondent No. 2, the Principal Secretary, Water Resources Department, Government of Jharkhand, Ranchi, within 15 days positively and Respondent No. 2 on receiving the representation shall take decision thereon by passing speaking order within 60 days thereafter. Monetary benefit, if any, shall be released to the petitioner preferably within 90 days thereafter.;