- (1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India for direction upon the respondents to forthwith release the entire arrears of dues which has been withheld in pursuant to the order of punishment passed by the State of Bihar vide Circular No. 829 dated 10.9.2001 by which, the three annual increments have been withheld with cumulative effect, on the ground that the said order dated 10.9.2001 has already been set aside by the order dated 11.9.07 passed in WPS No. 1149 of 2006 by a Bench of this Court as such the petition is entitled to get the entire arrears of dues which has been withheld in pursuant to the said Circular since the same is not in existence after being set aside by this Court.
(2.) In substance, the State of Bihar vide order dated 10.9.01 withheld three increments with cumulative effect as punishment awarded to the petitioner and the salary during the period of suspension as the subsistence allowance, was not ordered to be paid. He further claimed that he is entitled to full payment for the period when he remained in suspension.
(3.) It is also alleged that the said punishment order was challenged before this Court in Writ Petition 1149/2006 and the Court on 11.9.07 passed the following order; "The authority of the Jharkhand Government was only competent to take a decision after the petitioner was relieved from Bihar and, therefore, the impugned order dated 10.9.01 is set aside without going into the merits thereof, and the matter is remitted to the Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand (respondent No. 2). The Secretary, Public Health Engineering Department, Bihar, Patna (respondent No. 4) is directed to send all the records of the petitioner to the Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand (respondent No. 2) within two weeks form the date of receipt/production of a copy of this order, if not already sent. The respondent No. 2 will supply a copy of the enquiry report to the petitioner within two weeks from the date of receipt of the records to which the petitioner may file his reply within two weeks, thereafter. The respondent No. 2 will take a decision in accordance with law within four weeks from the date of receipt of such reply from the petitioner. If no such reply is received, the respondent No. 2 will be at liberty to pass order after considering the enquiry report and the materials available on the record".;