S.N.PATHAK,J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with a prayer for quashing part of the order No. 991 of 2016, as contained in the memo No. 1316 dated 02.07.2016 (Annexure-13) issued by the S.P. Koderma, whereby the claim of the petitioner for full back wages of suspension period and arrears of back wages for the period in between the date of dismissal on 04.04.2011 of the petitioner till his joining on 01.07.2016 has been rejected on the ground of "No Work No Pay".
(3.) The factual exposition as has been delineated in the writ petition is that when the petitioner was posted as Police Hawaldar at Markachho Police Station, Koderma, an FIR was lodged against the petitioner being Markacho P.S. Case No. 51 of 2010 corresponding to G.R. Case No. 406 of 2010 under Section 377 Indian Penal Code, for an allegation of commission of unnatural offence. The petitioner was immediately taken into custody on 05.06.2010 for the alleged offences. It is the further case of the petitioner that he was put under suspension vide order dated 05.06.2010 on the ground of offence under Section 377 Indian Penal Code. Thereafter, a departmental proceeding was also initiated against the petitioner by issuance of charge-sheet dated 25.06.2010 on the same ground. The petitioner was proceeded departmentally as well as in criminal proceeding. In the criminal proceeding, the petitioner was acquitted on 13.12.2012 but in the departmental proceeding, the petitioner was found guilty of the charges and he was dismissed from service on 04.04.2011 and the same was also affirmed by the higher authorities in the Appeal as well as in Revision. The said order of dismissal was subject matter of challenge in W.P.(S). No. 5765 of 2013 and this Hon'ble Court vide order dated 18.04.2016, quashed the order of dismissal with an observation to reinstate the petitioner in service forthwith. It was specifically observed that the question of back wages was left open for consideration before the respondent-authorities. After acquittal from the criminal charges and after quashment of the order of dismissal on 18.04.2016, the petitioner moved before the respondent-authorities vide Annexure-12, mentioning therein that in view of the quashment of the order of dismissal by the Hon'ble Court, the petitioner has been reinstated and as such, he has given his joining. Thereafter, in view of the representation of the petitioner, the respondents after due consideration, issued an order dated 02.07.2016, which is the subject matter of challenge before this Court.;