IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5794 of 2009 JAGDAMBA RAVIDAS Versus THE STATE OF BIHAR & ORS ----------- 2. 06.05.2009 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been appointed as Assistant teacher in Primary School, Kuin, Konch, District-Gaya. It is his case that there remained arrears of salary from September, 1997 to July, 2001. The petitioner himself acknowledges in paragraph 13 of the writ application that for reasons of perennial illness he remained away from duties from 1.8.2001 till 31.7.2007, when he was under treatment. Learned counsel submits that unauthorized absence from duty is a misconduct for which before imposition of a major punishment of termination, departmental proceeding are required to be held and the petitioner should be given an opportunity to explain his absence which the authority are required to consider in accordance with law. The authority may either accept or reject the reasons for unauthorized absence, but in absence of this proceeding the impugned order of termination dated 30.6.2004 is vitiated. Learned counsel for the State points out that the petitioner has moved the writ application nearly five years later. Learned counsel for the petitioner submits that the petitioner confines his relief for back wages for the period prior to 2 1.8.2001, when he was discharging his duties. The petitioner is not staking any claim for back wages for the period that he remained absent from duty. Though there appears to be delay in preferring writ application, this Court is satisfied that the petitioner has adequately explained the delay in paragraph 13 of the writ application when he states that he was admitted at an Institute at Ranchi for his mental ailment and remained under treatment from 1.8.2001 to 31.7.2007. The impugned order of termination without holding of a departmental proceeding is, therefore, not sustainable. The order dated 30.6.2004 is, accordingly, set aside in so far as the petitioner is concerned only. The petitioner stands reinstated in service. It is made clear that the petitioner shall not be entitled to any back wages except for the period in between September, 1997 to July, 2001, which shall be considered by the Respondents in accordance with law on facts and appropriate decision shall be taken within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)