IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4220 of 2010 1. JAGARNATH RAI S/O FIRANGI RAI R/O VILLAGE + P.O. NANI, P.S.- CHHAPRA (MUFFASIL), DISTT.- CHHAPRA (SARAN) Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE D.G. CUM I.G. OF POLICE, BIHAR, PATNA 3. THE D.I.G. OF POLICE (HEADQUARTERS), BIHAR, PATNA 4. THE D.I.G. OF POLICE, MAGADH RANGE, GAYA 5. THE S.P., JEHANABAD ----------- 2/ 24/09/2010 This Court is satisfied that no useful purpose shall be served by adjourning the matter for a counter affidavit. In view of the nature of the order to be passed based on the provisions of the Bihar Police Manual. The petitioner was dismissed from service for alleged unauthorized absence on 28.5.1990. This Court in C.W.J.C. No.3723/99 noticed his defence of illness due to Tuberculosis, not appropriately dealt with in the enquiry report, and directed a remand on quantum of punishment. A fresh order dated 21.1.2005 has been passed imposing punishment of stoppage of three increments adjusting the period of absence against earned leave in exercise of powers under Rule-782 of the Bihar Police Manual. It states that he shall not be entitled for salary in between the date of dismissal i.e. 28.5.1990 and reinstatement i.e. 18.1.2005. Learned counsel for the petitioner submits that the re-consideration of the quantum of punishment is on - 2 - the ground of his illness due to Tuberculosis as mentioned specifically in the order dated 21.1.2005. He relies upon the following note appended to Rule-782 of the Bihar Police Manual:- Note- “Special T.B. leave/leprosy leave is admissible up to 12 months on half average pay during the entire period of service separately and it is treated as on duty for pension(see Government of Bihar, Finance Department compilations of Government Orders relating to Service Rules and Condns. Vol. I,1969).” It is submitted that once the respondents accept his illness of Tuberculosis to re-consider the quantum of punishment, they are required to give full effect to the note appended to the Rule by paying him half average pay. The provisions of the Bihar Police Manual being clear, there being no controversy on facts, the impugned order refusing to deal with Rule-782 in its entirety along with note, this application is allowed in terms of the note appended to Rule-782 of the Bihar Police Manual. Let the provisions of the Manual be complied with and the arrears paid to the petitioner within a maximum period of three months from the date of receipt/presentation of a copy of this order. KC ( Navin Sinha, J.)