Haldhar Choudhary vs State of Bihar and Others

Narayan Roy, J.—Heard Counsel for the parties and considered the counter-affidavit filed on behalf of the State.

The grievance of the writ petitioner is that though the order of suspension has been revoked, he is not getting his salary for the period of suspension.

It appears that the petitioner was taken into custody on accounts of a criminal charge, and, therefore, in exercise of power under Rule 99 of the Bihar Service Code (hereinafte, to be referred to as "Code"), the petitioner was put under suspension vide order, as contained in Annexure-1. However, the order of suspension was revoked immediately after release of the petitioner on bail in the criminal case vide order, as contained in Annexure-2 and while releasing the petitioner from suspension a clause was added in the order, as contained in Annexure-2 that decision for payment of the salary for the period of suspension will betaken only after conclusion of the criminal trial.

A counter-affidavit has been filed on behalf of the respondent State. It is not stated in the counter-affidavit that after revocation of the order of suspension the petitioner was again placed under suspension in exercise of the power under Rule 100 of the Code and even departmental proceeding was initiated.

The order of suspension under Rule 99 of the Code is deemed order of suspension and no sooner a delinquent comes out from the custody, the order of suspension ceases to operate automatically. However, the State has jurisdiction to suspend such delinquent even after his release in exercise of the powers under Rule 100 of the Code, but admittedly, it has not been done nor any departmental proceeding has been initiated against the petitioner.

Since the order of suspension passed against the petitioner has been revoked, which amounted to automatic revocation of the of the order of suspension, the petitioner will be entitled for full salary for the period of his suspension.

Under the circumstances, the respondent authorities are directed to pay the full salary of the petitioner for the period of suspension after deducting the subsistence allowance already paid to him within a period of three months from the date of receipt/production of a copy of the order.

With this direction/observation, this application is disposed of.