- (1.) THE petitioner has filed this writ petition for following relief(s): ''
(2.) FOR issuance of an appropriate direction particularly in the nature of Certiorari for quashing the Office Order contained in Memo No. 2721 dated 19.6.2002 (Annexure -7) by which the petitioner has been imposed with another set of punishment in the same departmental proceeding initiated by Notification contained in Memo No. 2824 dated 2.8.1995 (Annexure -1) for which he had already been imposed with two punishment by Resolution contained in Memo No. 2545 dated 22.8.2000 (Annexure -4) and for quashing the letter no. 812 dated 15.2.2003 (Annexure -8) by which the representation filed by the petitioner was rejected by the Principal Chief Conservator of Forest, Bihar, Ranchi. And for a further direction to the respondents to pay the full salary for the period from 2.8.1995 to 31.8.2000 when he was put under suspension minus the subsistence allowances paid during this period and to treat the said period for his pension also. And for any other relief or reliefs to which the petitioner may be found entitled to. In the nutshell, it is admitted facts in between the parties that the petitioner was appointed as Forester on 1.12.1975 in the erstwhile State of Bihar. In the year 1995, he was suspended by the competent forest authority and the departmental proceedings were initiated against him. After completion of the inquiry, the petitioner was awarded punishment on 22.8.2000 by which two increments of the petitioner were withheld and the recovery of the rest amount of Rs. 37,361.61/ - was made against the petitioner. Thereafter, the suspension of the petitioner was revoked on 1.9.2000 (Annexure -5 to the writ petition). At the time of the bifurcation of the State of Bihar and Jharkhand, the petitioner had been working in Deoghar, State of Jharkhand and the petitioner was superannuated from the post of Range Officer from the office of Principal Chief Conservator of Forest, Ranchi in the year, 2001. After superannuation, the petitioner received an Office Order dated 19.6.2002, issued by the Principal Chief Conservator of Forest, Bihar, Patna whereby he was communicated the decision that during the period of suspension, nothing would be paid to the petitioner except the subsistence allowance and the said period would not be counted for his pension. The petitioner, thereafter, represented before the respondents and the said representation was also rejected by the competent authority of Bihar. Thereafter, this writ petition has been preferred.
(3.) I have heard learned counsel for the petitioner and the learned counsel appearing for the respondents Nos. 4, 5 & 6. They have filed counter affidavit and the respondents have stated that the petitioner was put under suspension on 2.8.1995 and thereafter he was reinstated (sic) on 22.8.2000 of Forest and Environment, Government of Bihar by which the punishment was awarded to him in the year 2000. The State of Bihar on 1.9.2000 revoked the suspension order of the petitioner and the decision with regard to the payment of salary during the suspension period was not taken at that time which was taken on a later point of time on the ground of Rule 97 of the Bihar Service Code under which the competent authority was competent to direct not to pay the full salary to the petitioner but to pay only subsistence allowance and to pass the impugned order. The Respondents -State of Bihar also resisted the claim of the petitioner on the ground that the petitioner had not been allocated to the State of Jharkhand at the time of superannuation and he was the servant of the State of Bihar and his appointing authority was the Principal Chief Conservator of Forest, Bihar and he had to take the decision with regard to the payment of his salary. ;