IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5047 of 2008 JAGAT NARAYAN GIRI S/O SHREE MAHADEO GIRI R/O AT + P.O. – ATHMOHAN, P.S. – JHAROKHAR, DISTRICT – EAST CHAMPARAN. …. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN. 5. THE RANGE EDUCATION OFFICER, GHORASAHAN, EAST CHAMPARAN. 6. THE BLOCK EDUCATION EXTENSION OFFICER, DHAKA, EAST CHAMPARAN. ………. RESPONDENTS. For the Petitioner : - Mr. Rajeev Kumar Singh, Adv. Mr. Onkar Kumar, Adv. For the State : - AAG -11. ----------- 02/ 29.03.2010 Heard counsel for the petitioner and counsel appearing for the State. As usual no counter affidavit has been filed on behalf of State, though writ application was filed in the year, 2008. The petitioner has filed this writ application for very limited relief. The prayer of the petitioner is for a direction to the respondents for payment of full salary for the period July, 2005 to September, 2005 and difference of salary for the period 1.10.2005 to February, 2007 after deducting the subsistence allowance. This is the period during which the - 2 - petitioner was under suspension. Petitioner was appointed on the post of teacher. On 5.8.2005 Ghorasahan P.S. Case No. 188 of 2005 was instituted for offence under Sections 366, 420, 120B/34 of the I.P.C. Petitioner was also one of the named accused in the F.I.R. Considering, petitioner’s involvement in the criminal case and his absence from the school since 20.8.2005, the D.S.E., East Champaran, issued an order, whereby the petitioner was put under suspension. Thereafter, a departmental proceeding was initiated against the petitioner, appointing Block Education Extension Officer, Ghorasahan as Conducting Officer. The charges were framed and the petitioner submitted his show cause explaining the charges framed against him. Finally, in the departmental proceeding petitioner was exonerated from the charges, as they were not proved. In the criminal case also he was acquitted from the charges. Considering this development, vide order dated 2.5.2007 contained in Memo No. 13370, the D.S.E., East Champaram revoked the suspension of the petitioner, but so far payment of arrears of salary for the period 18.7.2005 to 30.9.2005, the - 3 - D.S.E. had taken stand that a separate order will be passed, making adjustment of the subsistence allowance paid to the petitioner. Similarly no order was passed for payment of full salary for the period July, 2005 to September, 2005. Till the date of the filing of the writ application, petitioner was not paid his full salary for the period 18.7.2005 to 30.9.2005 and the difference of salary for the period of suspension till the date of its’ revocation. The law is very clear on this point. Since the charges were not proved against the petitioner and he was exonerated from all the charges in the departmental proceeding, as well as acquitted from the charges in the criminal case, as such he is entitled for his salary for the period of suspension. The respondents cannot restrain the petitioner from getting his legal dues i.e. arrears of salary for the specified period and difference of salary for the period of suspension. The petitioner has filed this application for a direction to the respondents for making payment of arrears of salary and the difference of salary for the period in question. This application is being allowed, directing the - 4 - District Superintendent of Education, East Champaran, respondent no. 4 to make payment of arrears of salary to the petitioner for the period specified i.e. 18.7.2005 to 30.9.2005 and the difference of salary, deducting subsistence allowance for the period 1.10.2005 to February, 2007. Payments must be made within four weeks from date of production/communication of this order. So far interest claimed by the petitioner on this amount are concerned, is not allowed. DKS/ (Mridula Mishra, J.)