Ramakant Prasad Singh vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties. The petitioner prays for issuance of direction upon the respondents to pay arrears of his salary for the period he was under suspension.

It is submitted by learned counsel for the petitioner that the petitioner was put under suspension with effect from 1.2.1996 and he remained under suspension till 25.2.1997, as the order of suspension was revoked and the punishment or black mark was given to him, which was challenged before respondent No. 3, where he was fully exonerated from the charges levelled against him. After passing of the order by respondent No. 3 the petitioner became entitled for his arrears of salary for the period of suspension, as referred to above.

A counter affidavit has been filed on behalf of respondent Nos. 4 and 5, wherein it is stated that the petitioner never asked for his arrears of salary from the Superintendent of Police, Samastipur.

The entitlement of the petitioner for arrears of salary is not in dispute. The petitioner, in this view of the matter, may represent his case before respondent No. 4, Superintendent of Police, Samastipur for payment of his arrear of salary. The representation, if any, filed by the petitioner shall be considered and disposed of by respondent No. 4 in accordance with law keeping in view the fact that the order of suspension was recalled and the order of punishment was set aside. This exercise, however, must be completed within a period of four weeks from the date of filing of the representation. With the direction/observation aforesaid, this application is disposed of.