IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16415 of 2004 BADRI PRASAD, SON OF LATE BISHUN SHAH, RESIDENT OF VILLAGE – DHARHARA, P.O. – DHARHARA, P.S. DHARHARA, DISTRICT – MUNGHYER. ….. PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER –CUM- SECRETARY (MINES & GEOLOGY), DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER –CUM- SECRETARY (MINES & GEOLOGY), DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY (MINES & GEOLOGY), DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR (MINES), DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA. 5. THE STATE OF JHARKHAND, THROUGH THE COMMISSIONER –CUM- SECRETARY, DEPARTM ENT OF MINES AND GEOLOGY, GOVERNMENT OF JHARKHAND, RANCHI. ………. RESPONDENTS. ----------- 06/ 03.02.2011 Heard counsel for the counsel and counsel appearing for the State of Bihar and Jharkhand. Initially, the writ application had been filed by the petitioner for a direction to the Respondents for posting him against any sanctioned vacant post of District Mining Officer and for payment of arrears of salary from August, 1999 till date as well as month to month current salary. But now the petitioner has confined his prayer only with regard to payment of arrears of salary from August, 1999 to March, 2006 as during the pendency of the writ application he has been allocated to State of Jharkhand and has been posted as Incharge Deputy Director (Mines). He has joined there and also been paid his salary from April, 2006 onwards. From the last affidavit filed on behalf of the petitioner, it 2 transpires that he has also been paid his subsistence allowance from 6.9.1999 to 6.5.2001 and also for the period May, 2001 to March, 2005. As such nothing is to be paid to the petitioner so far subsistence allowance is concerned. Petitioner while working as District Mining Officer was placed under suspension on 6.9.1999 in contemplation of a departmental proceeding. Suspension order was challenged by the petitioner by filing C.W.J.C. No. 1142 of 2001. While the writ application was pending memo of charge was served upon the petitioner, as such writ application was disposed of with a direction to conclude the departmental proceeding within six weeks from the date of receipt/production of a copy of the order. In case the departmental proceeding will not be concluded within six weeks the departmental proceeding including the order of suspension will be deemed to have automatically quashed. The departmental proceeding was not concluded in six weeks’ period, as such in view of the order dated 23.3.2001 passed in C.W.J.C. No. 1142 of 2001 the departmental proceeding as well as the suspension order of the petitioner automatically stood quashed. However, the petitioner was again put under suspension on account of his arrest in 3 connection with a criminal case. He was released on bail by the Supreme Court on the basis of order passed in Cr. Appeal No. 174 of 2004 dated 4.3.2004. He joined in the office of Deputy Director (Mines) Patna on 5.3.2004 and also made a request for his posting. His joining was accepted while he was waiting for his posting. Another order of suspension was issued on 4.2.2005, whereby he was placed under suspension with effect from 9.5.2001. The second order of suspension was also challenged by the petitioner by filing C.W.J.C. No. 4946 of 2005. As per the direction in this writ application subsistence allowance for the period 9.5.2001 to 5.4.2005 was paid to the petitioner. Second suspension order issued against the petitioner was also quashed by the orders of the High Court dated 29.7.2005. The respondents, thereafter did not issue any order of suspension against the petitioner. On 12.9.2005 the petitioner was finally allocated to Jharkhand State and he joined at Jharkhand as District Mining Officer. Petitioner’s grievance is that he has not been paid his salary minus the subsistence allowance for the period August, 1999 till March, 2006. Though, formal order revoking the suspension of petitioner in compliance of the 4 order passed in C.W.J.C. No. 4946 of 2005 has been passed by the respondents on 27.3.2006. In the counter affidavit filed on behalf of Respondent, Departmental of Mines and Geology, Govt. of Bihar, it has been stated that since the suspension order has already been revoked and the petitioner himself is Drawing and Disbursing Authority, he could have prepared his bill and furnished for its payment. There was no reason for him for not presenting bill regarding his arrears of salary, it has not been paid since no bill has been presented by the petitioner. Considering the fact that there is no order either departmental or judicial on the basis of which petitioner can be restrained from receiving arrears of salary and in none of the departmental proceeding he has been awarded any punishment regarding non-payment of salary, as such there is no reason for non-payment of arrears of salary to the petitioner. In the facts and circumstances of the case, the petitioner, who is himself Drawing and Disbursing Authority, is directed to prepare his bill for the period August, 1999 till August, 2005 and present it before the 5 State of Bihar for its payment and for the period relating to September, 2005 to March, 2006 before the State of Jharkhand for its payment. On presentation of such bills by the petitioner, the State of Bihar and the State of Jharkhand, must make its’ payment to the petitioner, within four weeks of its presentation. This application is allowed with the above directions. DKS/ (Mridula Mishra, J.)