Uma Shankar Malviya vs State Of Jharkhand & Ors

Heard Mr. Anil Kumar Sinha, the learned counsel appearing on behalf of the petitioner and Mr. Rohit, the learned AC to the learned Additional Advoc ate General-I appearing on behalf of the respondent-State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.

At the outset, Mr. Anil Kumar Sinha, the learned counsel appearing for the petitioner submits that during the pendency of the writ petition, the petitioner has already been retired on 31.01.2020. He further submits that the departmental proceeding has already been concluded. He further submits that in view of the interim order dated 22.10.2019 passed in this case by a co-ordinate Bench of this Court, the final order has not been passed in the departmental proceeding. He further submits that so far as the charge No.1 at page 44 is concerned, that has already deemed to have gone in view of order dated passed in W.P.(S) No.4779 of 2017 [Annx.6 in I.A. No.3509 of 2020] as the direction was issued in that case to pay the salary as well as the subsistence allowance for the aforesaid period, the respondents were directed to pay the salary for 01.04.2014 to 03.03.2014 and subsistence allowance for 03.03.2014 to 09.09.2016, after taking note that the amount already paid within a period of 12 weeks from the date of receipt of a copy of that order, however, the petitioner shall furnish a certificate especially taking a plea that he has not been paid subsistence allowance. Mr. Sinha, submits that this part of the order has already been complied by the respondent State. He submits that pursuant to the order of this Court so far as the charge no.1 is concerned in prapatra-ka is no more.

Mr. Rohit, the learned counsel for the respondent State accepts this position.

In view of the above facts and considering that the departmental proceeding has already been concluded, the respondent State is directed to pass the order in the departmental proceeding.

Interim order dated 22.10.2019 is vacated.

The writ petition [ W.P. (S) No. 4720 of 2019] stands disposed of. Since the petitioner has already retired, the respondents shall pass the order within six weeks from the date of receipt /produ ction of a copy of this order.

I.As. also stand disposed of.