IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14004 of 2005 Sri Devendra Prasad Singh S/o Late Satya Narayan Singh R/o village- Sitachak, PO- Hajrat Sai, PS- Dhanarua, District- Patna at present posted in the office of Superintendent of Police, Nawada, Bihar----------------------------------------Petitioner Versus 1. The State Of Bihar 2. The Chief Secretary, Bihar, Patna 3. The Director General & Inspector General of Police, Govt. of Bihar Old Secretariat, Patna 4. The Inspector General of Military Police, Bihar, Patna 5. The Deputy Inspector General of Military Police, Bihar Patna (K.M) 6. Commandant, Bihar Military Police 3/13, Bodh Gaya---------------------------------------Respondents ---------------------------------- For the Petitioner: Mr. Satyendra Narayan, Advocate For the State: Mr. Apurva Kumar, AC to SC-10 --------------------------------------- 5 9.9.2011 Heard learned counsel for the parties. Petitioner was appointed as a Lower Division Clerk and posted in B.M.P.-9 Jamalpur in the district of Munger. He served other stations on transfer. In 1996 he was shifted to Bodh Gaya where he remained till 4.4.2002. Writ has been filed by the petitioner claiming monitory benefit under various heads indicated in paragraphs-1(a) to 1(e). He also wants payment of interest at the rate of 18% on the various heads of claim. The relief prayed for by the petitioner is seriously contested by the respondent State in the counter affidavit which has been filed. The relevant portions are indicated in paragraph-5 onwards. So far as relief no. 1(a) is concerned, there is categorical statement that petitioner has already been paid reduced personal pay (RPP) to the tune of Rs. 12,530/- way back on 20th April 2005. For the relief contained in para 1(b) for the salary and allowance between 26.1.99 to 9.5.1999 it is stated that the petitioner was 2 put under suspension and a departmental proceeding initiated due to unauthorized absence. Suspension was revoked subsequently but he did not join his duty. He reported on duty on 10.5.1999. However as a mischief conduct he sent a letter dated 19.2.1999 saying that he has joined the strike of non-gazetted employees and therefore had not reported for duty. In the above stated circumstances, anti dated application and the circumstance did not beget him the benefit of salary since he was on unauthorized leave. As per the relief prayed for in para 1 (c) which was for payment of salary and other allowance for the period 17.8.1999 to 13.1.2000 the stand of the respondent is that the petitioner was again subjected to a departmental proceeding where he was found guilty of the charges and an order was passed withholding his salary and other benefit for 29 days from 18.6.99 to 16.7.1999. There was a clear direction that he was not allowed to pay or any other allowance except the subsistence allowance for the period of suspension i.e. 18.6.1999 to 13.2.2000. Petitioner filed appeal as well as review against the order of punishment which was also rejected and the matter was allowed to rest. In these circumstances also the claim of the petitioner seems to be misplaced. The prayer or relief prayed for in para 1(d) is for payment of salary for the period 6.2.2001 to 17.4.2001. This is also the period when petitioner was again put under suspension and a departmental proceeding initiated for the charges levelled against him which led to withholding of six months of increment which is equal to one black mark. The order of punishment also indicated that petitioner would not be entitled anything except subsistence allowance for the period of suspension. This 3 punishment was upheld in appeal and the said order still stands. This is the circumstance where again petitioner cannot claim payment as a matter of right. The last of his claim is with regard to Benevolent Fund and Educational Fund at the rate of Rs. 1,800/- per year for the period 1.1.1997 to 31.8.1998. In this regard the stand of the State indicated in paragraph-9 of the counter affidavit is that the petitioner had defalcated a sum of Rs.19, 270/- of Benevolent Fund and Educational Fund for which an FIR was lodged being Bodh Gaya P.S. Case No. 56 of 1999. That case as per the last information was still proceeding. Petitioner decided to deposit the defalcated amount. But as the criminal case has not attended finality that issue is kept in abeyance. Respondent do accept that payment of Rs. 1800/- of Benevolent Fund will be paid to the petitioner no sooner the criminal case is sorted out. In the totality of the circumstances noted above the claim made by the petitioner under various heads are not acceptable and payable to him. In the writ no case is made out to grant benefit in favour of the petitioner. In fact, prayer has been made by suppressing the facts. This writ application is disposed of with a direction upon the respondent that payment of Benevolent Fund and Education Fund will remain an issue which will be alive and it must be sorted out no sooner the criminal case reaches its finality. The writ with regard to other claims is dismissed. RPS (Ajay Kumar Tripathi, J.)