IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2849 of 2004 PRABHAKANT THAKUR SON OF LATE SATYA NARAYAN THAKUR RESIDENT OF VILLAGE PAHLAM, P.O. PAHARPUR BAZAR, DISTRICT SAHARSA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE D.I.G. OF POLICE, PURNEA RANGE, PURNEA. 4. THE S.P.(B) SPECIAL BRANCH, BIHAR, PATNA. 5. THE S. P. KATIHAR. ----------- For the Petitioner :- Mr. Pranav Kumar. For the State :- Mr. Vinod Kumar, A.C. to S.C. I. ---- 3 13/07/2010 Some facts which can be culled out from the writ application are that the petitioner was working on the post of Assistant Sub Inspector of police and was posted at Falka police station in the district of Katihar. For an incidence of assault upon a Khalasi of a jeep on 19.2.1994 a departmental proceeding had to be initiated against him. Based on the findings of the enquiry officer, the disciplinary authority, namely, Deputy Inspector General of police, Purnea range imposed punishment of dismissal from service vide order dated 4.11.2003, as contained in annexure-1 to the writ application. During pendency of the writ application an order - 2 - has come to be passed by the appellate authority as well as by the Director General of Police in the memorial which has now been brought on record by way of supplementary affidavit as annexures- 2 & 4. The appellate authority considering the entirety of the situation decided to alter the punishment of dismissal to one of reversion from the post of Assistant Sub Inspector of Police to the post of constable in the initial pay. The reason for doing so has been indicated by the appellate authority. In the memorial filed before the Director General of Police, the Director General of Police affirmed the order passed by the appellate authority who happened to be the Zonal Inspector General of Police. Learned counsel for the petitioner taking the line of least resistance submits that he has reconciled to his fate but is entitled to some relief in light of the decision rendered in yet another case of Ram Prasad Yadav Vs. State of Bihar which was C.W.J.C. No. 3666 of 1999 which the petitioner has annexed as annexure-3 to the supplementary affidavit. In a similar circumstance, where the order of dismissal was set aside by the appellate authority and another - 3 - minor punishment was accorded, the Court directed for payment of salary etc. for the period he stood dismissed till the period he was reinstated. Submission of learned counsel for the petitioner is that since the appellate authority has set aside the order of dismissal and replaced it with the order of reversion, atleast from the period of dismissal i.e. 4.11.2003 till the order of reversion passed on 6.11.2004 his salary etc. ought to be paid what is due to him. From the order passed by the appellate authority, it is apparent that this period has been treated to be period on extraordinary leave. In other words, the appellate authority has taken care of atleast this aspect of the matter that there will be no break in service of the petitioner due to passing of the order of dismissal. The question with regard to payment of salary and other allowances are concerned, that will be dependent upon the leave due. If the extraordinary leave allows payment of salary to the petitioner then the respondents would be obliged to ensure that the petitioner gets his due on the decision of the appellate authority. Writ application is allowed to the extent indicated above. Respondents are directed to take steps for payment, if - 4 - any, in accordance with law to the petitioner preferably within a period of four months from the date of production or communication of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)