Case Facts:
Patna High Court CWJC No.5441 of 2012 (2) dt.16-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5441 of 2012 ====================================================== Shiv Chandra Mishra S/O Late Ram Sharan Mishra Resident Of Village - Ghorbanki, P.S.- Basopatti, District - Madhubani .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Madhubani 3. The District Panchayat Raj Officer, Madhubani 4. The Prakhand Vikas Padadhikari, Babubarhi, District - Madhubani .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Murari Narain Chaudhary For the Respondent/s : Mr. Madhuresh Prasad GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 16-04-2012 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension on 30.11.1998 and dismissed from service on 09.08.2002 pursuant to his being made an accused in Basopatti P.S. Cae No. 23 of 1974 dated 25.07.1974 leading to conviction under [STATUTE] affirmed by this Court on 11.12.1981 and by the Apex Court on 25.09.1997. He seeks quashing of the orders and makes a claim for arrears of salary prior to the period of suspension. His conviction in the criminal case is held to be sufficient justification for termination. Even otherwise the Patna High Court CWJC No.5441 of 2012 (2) dt.16-04-2012 challenge to an order of termination on 09.08.2002 in a writ petition filed in the year 2012 is highly belated for consideration. The claim for arrears of salary is vague. No dates or period for which salary prior to suspension was not paid has been mentioned. If the petitioner could not have brought a money claim by filing a suit with regard to a claim for salary prior to 1998, he cannot circumvent the same by resorting to the extra ordinary remedy under Article 226 of the Constitution of India. The writ application is dismissed. Md. Ibrarul/- (Navin Sinha, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.