SHRIMAN NARAYAN SINGH Vs. STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2016-2-148
HIGH COURT OF JHARKHAND
Decided on February 19,2016

Shriman Narayan Singh Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner, inter-alia, has prayed for quashing the part of the order dated 24.05.2010 issued by the respondent no. 4 to the extent to which the petitioner has been denied the arrears of salary from the date of dismissal till reinstatement and also of awarding punishment of withholding increments to two years amounting to three black marks. During course of arguments learned senior counsel Mr. S.N. Pathak confines his prayer to part of the order vide Annexure-10 which is impugned in the writ application.
(2.) Sans details, facts as disclosed in the writ application, is that the petitioner was on deputation in Nepal House (Secretariat) in the year 03.08.2002 in the district of Ranchi and there was allegation that he abused his colleague and senior officials and was doing his duties in an inebriated condition. The petitioner was placed under suspension and a departmental proceeding vide order no. 65/02 was initiated against him. An inquiry officer was appointed who found the petitioner guilty of charges. The disciplinary authority agreeing with the findings of the inquiry officer dismissed the petitioner from the services vide order dated 12.06.2003 vide Annexure-3. Being aggrieved with the order of Disciplinary Authority the petitioner preferred an appeal before the Appellate Authority and the appeal of the petitioner was dismissed confirming the order of the Disciplinary Authority.
(3.) Being aggrieved with the order of the Disciplinary Authority as well as the order of Appellate authority, the petitioner approached this Court vide W.P.(S) No. 6169 of 2004 and this Court vide order dated 11.02.2010 has been pleased to quash the order of dismissal and passed an order for reinstatement of the petitioner in service with immediate effect and to treat the period from the date of dismissal till the date of reinstatement as spent on duty. No order was passed for payment of back wages for the period of dismissal and till the date of reinstatement. In pursuance to the order passed in the aforesaid writ application, the respondent authority vide order dated 24.05.2010 vide Annexure-10 to the writ application reinstated the petitioner to the services with a clause that he will not be entitled for back wages and also modifying the order of dismissal into stoppage of two increments amounting to three black marks. The petitioner being dissatisfied with the aforesaid order has approached this Court for redressal of his grievances.;


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