IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9424 of 2011 ====================================================== 1. Jagjiwan Ram Ram Bilash Das@ Ram Bilash Ram, Vill- Abdalpur, Pipra, P.S. Pipra, Distt. Patna .... .... Petitioner. Versus 1. The State of Bihar Through The Chief Secretary, Govt. Of Bihar Patna 2. The Director General Cum Inspector General of Police Forces Bihar Patna 3. The Rail S.P.Patna .... .... Respondents ====================================================== 2 29-08-2011 The petitioner remained on leave unauthorizedly between the 04.12.2006 to 07.05.2007. This lead to holding of a proceeding against him, where he was found guilty of unauthorized absence of 154 days. The Disciplinary Authority, namely, Superintendent of Police, Rail treated that 154 days of absence as unauthorized leave, which was to be treated as extra ordinary leave meaning non-payment of salary for that period. When petitioner moved the appellate authority, order dated 02.03.2009 came to be passed in terms of Annexure-1. Interference was made with the order of punishment taking sympathetic view and direction was issued that the period of 154 days will be adjusted against leave available to the petitioner and salary would be payable accordingly. After passing of this order, nothing further has been done by the respondent- authorities till date. Since the verification of the service record of the petitioner would be required to be made to find out as to the kind of leave available to him, to cover up that period of 154 days of absence, by the authority concerned in this case. Superintendent of Police, Rail, Patna is bound to consider the matter in light of the decision of the appellate authority dated 02.03.2009 and is, therefore, directed to verify the kind of leave, which is available to the petitioner for the period of 154 days and, if any, period begets the benefit of salary to the petitioner, the same will be paid to him, or else if there are no leaves available under the Earned Leave, etc. category, he cannot beget total payment of salary. The Court expects that the exercise in this regard would be carried out by the Superintendent of Police, Rail within three months from the date of production of a copy of this order. If certain amounts are found payable to him that payment would be expected to be made within the same time frame. Writ application stand disposed of with the above direction. Bhardwaj/- (Ajay Kumar Tripathi, J)