Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10867 of 2010 ====================================================== Shyam Narain Ram S/O Late Ram Khelawan Ram R/O Village Karanpura, P.S. Paliganj, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna 3. The Director (Administration) Cum Joint Secretary, Human Resources Development Department, Govt. Of Bihar, Patna 4. The District Judge, Patna 5. The Chief Judicial Magistrate, Patna 6. The Registrar General, High Court of Judicature at Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sitesh Chandra Mitra Mr. Deepak Kumar For the Respondent/s : Mr. D.K.Verma, A.C. to S.C.27 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 05-04-2012 Heard Mr. Mitra learned counsel for the petitioner and A.C. to S.C.22 for the State. Petitioner was serving the Human Resources Department of the Government as Peon. While he served as such for close to five years, he was enmeshed in a criminal case lodged against him and few others under [STATUTE] vide Gardanibagh P.S. Case No. 26(10)78. Petitioner surrendered in connection therewith on 28.10.1978 and was released on bail on 17.9.1979. By an office order no.62 dated 11.01.1979 (Annexure-2) he was placed under suspension on account of his arrest in connection with the said criminal case. As noticed above, he was released on bail by order dated 17.9.1979 (Annexure-3). The petitioner claims to have Patna High Court CWJC No.10867 of 2010 (4) dt.05-04-2012 2 / 10 2 immediately made attempts to join the service but was not allowed to do so. It is his contention that soon after his release, the State-Respondents were required to pass a fresh order putting him under suspension after giving reasons therefor which was, however, not done. His persuasion ultimately resulted in issuance of an order dated 17.02.1994 passed by the Director (Administration)-cum-Joint Secretary of the concerned department of the Government (Annexure-4) revoking the order of suspension contemplating further therein that decision relating to the period of his suspension shall be taken separately. Thereafter the petitioner discharged his duty and superannuated with effect from 31.7.2008. He was thereafter sanctioned provisional pension (90%) treating his period of suspension between the period 28.10.1978 to 17.02.1994 as not qualifying service. The petitioner, however, was not sanctioned any amount of gratuity. The petitioner made diverse representations which failed to yield any result propelling him to file a writ petition in this Court vide CWJC No. 5818 of 2009 seeking directions upon the State Respondents to pay the pension/gratuity. The said writ petition was disposed of by order dated 13.10.2009 (Annexure-10) permitting him to file a representation detailing his grievance and the authority was directed to examine the same and take appropriate decision as per law within a time-frame. In the light of the said order, he filed a representation detailing his grievance (Annexure-11) before the Respondent-Director (Administration)- cum-Joint Secretary(HRD). The petitioner prayed therein to treat him in service of the State at least from the date he was released on bail and pay the admissible dues even provisionally subject to the final outcome of the criminal proceeding pending against him. Patna High Court CWJC No.10867 of 2010 (4) dt.05-04-2012 3 / 10 3 It was also pointed out that in spite of his best efforts he could not obtain the status of the criminal proceeding/trial arising out of Gardanibagh P.S. Case No. 26(10)/78. The said representation was considered and disposed of by order dated 05.03.2010 and communicated to him vide letter no.491 dated 8.3.2011 (Annexure-12). The petitioner has assailed the aforesaid order in the present proceeding. Learned counsel relying on Annexure-15 series of the writ petition, submits that Gardanibagh P.S. Case No. 26(10/78 seems to have given rise to sessions trial no. 339/81 but from the information supplied to him on requisition, as contained in Annexure-15 series, it would appear that there is no mention of the aforesaid trial in the trial register maintained in the Judgeship of Patna. Having noticed the aforesaid stand of the petitioner, this Court permitted the petitioner to implead the Registrar General of the Patna High Court as party respondent by order dated 15.02.2012 with a view to obtain complete details of the pendency or otherwise of the aforesaid sessions trial no. 339/81 in the court of Add. Sessions Judge-IV, Patna. Mr. Mishra learned counsel for the Patna High Court submitted that in spite of his efforts made in this behalf, no instruction has been received relating to the status of the sessions trial no.339/81. From the marginal notes of the office it also appears that at least on two occasions the concerned District and Sessions judge was requested to send status report of sessions trial no. 339/81 but no information was supplied. Mr. Mitra in this fact situation submits that as on today it cannot be said that any trial arising out of Gardanibagh P.S. Case No. 26(10)/78 is pending. He has taken a fair stand that for Patna High Court CWJC No.10867 of 2010 (4) dt.05-04-2012 4 / 10 4 the period the petitioner remained in jail custody the authority may be justified in not computing the same for the purpose of grant of full pension/gratuity provisionally. In this connection he relies on an order of this Court passed in Ram Nandan Singh vs. Bihar State Electricity Board & Ors since reported in 2011 (4) PLJR 440. It is contended that the said order has been passed relying on an order of a Division Bench of this Court in 1999 (3) PLJR 949 (Bajrang Deo Narain Sinha vs. State of Bihar). Relying on tho

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.