- (1.) The petitioner has approached this Court challenging order dated 19.9.2012, whereby the claim of the petitioner for payment of salary for the period between 11.9.2003 to 20.2.2008 has been rejected. The brief facts of the case are that, the petitioner was appointed on 29.7.1973 on the post of Mining Sardar. Two criminal cases being Patratu (Bhurkunda) P.S. Case No. 196/2004 and Patratu (Bhurkunda) P.S. Case No. 157/2003 were lodged against the petitioner and the petitioner was taken into judicial custody. The petitioner was acquitted in both the criminal cases. The petitioner was permitted to join his duty on 21.2.2008.
(2.) Heard learned counsel for the parties and perused the documents on record.
(3.) The learned counsel appearing for the petitioner submits that in the departmental proceeding no order was passed against the petitioner and the petitioner was permitted to join his post. The standing order as contained in Clause 28.9 of the Certified Standing Order of M/s. C.C.L. provides that during the pendency of criminal case a workman shall be suspended and he would be entitled for payment of 50% wages and on acquittal from criminal charge an employee would be entitled for payment of full wages. Since, the petitioner is acquitted in both the criminal cases by order dated 14.3.2008 and by order dated 21.5.2008, he is entitled for salary between the period 11.9.2003 to 20.2.2008. He has further submitted that petitioner approached this Court by filing writ petition being W.P. (S) No. 2114 of 2009 which was disposed of by order dated. 14.6.2012 directing the respondent No. 3 to decide the claim of the petitioner. However, by impugned order dated 19.9.2012, the claim of the petitioner has been rejected on the ground of 'no work no pay', which cannot be sustained in view of the Standing Order.;