SUSHIL PRASAD SINGH Vs. STATE OF BIHAR
LAWS(JHAR)-2006-8-129
HIGH COURT OF JHARKHAND
Decided on August 21,2006

Sushil Prasad Singh Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

PERMOD KOHLI, J. - (1.) PETITIONER was posted as Co -operative Development Officer -cum -Member Secretary, Galudih Lamps, Kuchai Block. He was placed under suspension vide order dated 13th October, 1982. He was served with the chargesheet vide Memo No. 986 dated 14th May, 1984 issued by the Additional Registrar, Cooperative Society, South and North Chhotanagpur Division, Ranchi. He was directed to deposit Rs. 5,000/ -. He was further directed to present before the Enquiry Officer and submit his reply to the charges. Latter he was served with Memo No. 4328 dated 14th July, 1994 to show cause why he be not removed from service. He finally replied thereto. Without taking any decision on the disciplinary proceedings by the respondents, petitioner was retired from service on 9th March, 1997 on attaining the age of superannuation.
(2.) PETITIONER filed this petition claiming full salary for the period of suspension till the date of retirement i.e. i.e. October, 1982 to 9th March, 1997 and all retiral benefits of his service. In the counter affidavit filed by Respondent No. 3 copy of order dated 16th December, 1999 has been placed on record, whereby suspension of the petitioner was revoked as on the date of his retirement. The period of suspension with effect from 13th October, 1982 to 31st August, 1986 has been decided as admissible for allowances, already paid, and the period from 1st September, 1986 till the date of retirement has been treated as break in service.
(3.) THE last direction has been issued on account of the fact that the petitioner remained absent during this period. Since the petitioner retired from service without taking final decision on the disciplinary proceedings, respondents had no option but to pass the order dated 16th December, 1999. This order has not been challenged by the petitioner in the present writ petition.;


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