Dr. Raman Kumar Sinha vs State of Jharkhand

Pramath Patnaik, J.—In the accompanied writ application, the petitioner has inter-alia prayed for issuance of an appropriate writ/order/direction for quashing order dated 25.02.2011 whereby the petitioner has been dismissed from services with retrospective effect from 30.06.2009 and the petitioner has further prayed for issuance of an appropriate writ/order/direction commanding upon the respondents to forthwith release the entire arrears of difference of arrears of subsistence allowance w.e.f July, 2009 till the date of issuance of order dated 25.02.2011, whereby petitioner has been dismissed from services along with interest.

The facts as delineated in the writ application, in a nutshell is that the petitioner while working as a Town Veterinary Officer, Urugutu, he was placed under suspension vide order dated 06.07.2000, wherein it has been stated that petitioner will be entitled to get subsistence allowance in pursuance of the provisions of Rule 96 of the Bihar Service Code but subsistence allowance was not paid to the petitioner. Being aggrieved, the petitioner filed C.W.J.C No. 1588 of 2001, wherein direction was issued to pay arrears of subsistence allowance and go on paying the same till the petitioner remains under suspension and thereafter, arrears of salary on account of subsistence allowance was paid to the petitioner. However, the petitioner, who was involved in Fodder Scam Case, being RC 48A of 1996 was inflicted rigorous imprisonment for a period of four years, against which, the petitioner preferred appeal, which is still finding for final hearing. But, after June, 2009 again subsistence allowance has been stopped without any such order; in violation of order passed in C.W.J.C No. 1588 of 2011 and Rule 96 of the Bihar Service Code. Hence, the petitioner again knocked the door of this Court by filing W.P. (S) No. 5036 of 2010, which was disposed of vide order dated 05.01.2011 directing the respondent to consider the claim of the petitioner and pass order but when no order was passed, the petitioner filed Cont. Case (Civil) No. 138 of 2011, which is pending before this Court. However, the respondent sauthorities in order to circumvent the direction issued by this Court have passed an order dated 25.02.2011 whereby the petitioner has been dismissed from services with retrospective effect i.e. w.e.f 30.06.2009.

After some argument, Mr. Saurabh Shekhar, learned counsel for the petitioner submitted that in the case of similarly situated persons, the impugned orders have been quashed by this Hon''ble Court in W.P. (S) No. 4867 of 2011 and W.P. (S) No. 2568 of 2009 vide orders dated 14.09.2015 and 24.08.2016 respectively and even arrears have been released by the respondents-authorities and if such direction is issued in the case at hand, the grievances of the petitioner shall be redressed.

Learned counsel for the respondents-State though resisted the prayer made by learned counsel for the petitioner but does not dispute the fact that the case of the petitioner is squarely covered by the judgment rendered in W.P. (S) No. 4867 of 2011 and W.P. (S) No. 2568 of 2009 vide orders dated 14.09.2015 and 24.08.2016 respectively.

In view of the submissions advanced by learned counsel for the parties, the writ petition is disposed of and the respondents are directed to make payment of subsistence allowance within a period of four months from the date of receipt/production of a copy of this order. However, liberty is reserved with the petitioner to assail the notification of dismissal in the event of his acquittal in criminal case(s).

With the aforesaid observations and directions, the writ petition stands disposed of.