- (1.) The petitioner has approached this Court seeking a direction upon the respondents for payment of salary and allowances to the petitioner since March, 2009.
(2.) Heard the learned counsel appearing for the parties and perused the documents on record.
(3.) A counteraffidavit has been filed by the respondents stating as under: 8. "That most humbly and respectfully it is stated and submitted that the petitioner was initially appointed as Sub Inspector in the year, 1980 and posted at West Singhbhum and other places and subsequently promoted to the post of Police Inspector on 20.02.2009 and on promotion he was transferred from West Singhbhum to Palamu District. 9. That most humbly and respectfully it is stated and submitted that the petitioner has been transferred from Palamau District Force 2 to Special Branch, Ranchi vide Police Headquarter Memo No. 1024/P dated 10.04.2012 but the petitioner did not report to his transferred place i.e. Special Branch, Jharkhand, Ranchi for about two months. 10. That most humbly and respectfully it is stated and submitted that for noncompliance of the transfer order dated 10.04.2012 the petitioner was suspended by the Police Headquarter Memo No. 1408 dated 25.05.2012 and a departmental proceeding has been initiated vide Departmental Proceeding No. 20/2012. 11. That most humbly and respectfully it is stated and submitted that the petitioner after suspension and initiation of the departmental proceeding had joined at Special Branch, Jharkhand, Ranchi on 18.06.2012 and after his joining his suspension has been revoked with effect from 18.06.2012. 12. That most humbly and respectfully it is stated and submitted that the petitioner since his joining at Special Branch, Jharkhand, Ranchi is getting salary in the initial pay scale of Rs. 9300 + 4600 meant for the Police Inspectors. The said scale has been fixed because of the unavailability of the last pay certificate. 15. That most humbly and respectfully it is stated and submitted that the Departmental Proceeding No. 20/2012 initiated against the petitioner for noncompliance of the transfer order has been concluded by the enquiry officer wherein the petitioner has been found guilty for the charges levelled against him. The Disciplinary Authority, DIG, Special Branch, Jharkhand, Ranchi agreeing with the finding of the enquiry officer has passed a detailed order of punishment vide memo no. 2333 dated 11.05.2013, whereby his increment for one year has been withheld which will be equivalent to two black marks.";