Letters Patent Appeal No.1198 of 2000 Against the judgment and order dated 28.7.2000 Passed by a learned Single judge of this Court in CWJC No.6637 of 2000. --------- RAM ASHIS SINGH------------------Appellant Versus THE STATE OF BIHAR & ORS---------Respondents --------- For the Appellant : Mr. Rameshwar Pandey,Advocate For Respondent Nos.1 to 3 : Mr. Shashi Bhushan Kumar, S.C.XVI For Respondent Nos.4 to 6 : N o n e ------------ P R E S E N T THE HON'BLE MR.JUSTICE BARIN GHOSH THE HON'BLE MR.JUSTICE JAYANANDAN SINGH Barin Ghosh & J.N.Singh, J.J. : While the appellant-petitioner was working with the Bihar State Small Industries Corporation Limited, he was put under suspension by an order dated 2nd July, 1971 in contemplation of a departmental proceeding. In the departmental proceeding, a charge sheet was issued on 10th of October, 1971. In connection with similar charges a FIR was filed and ultimately the same was not pursued. The enquiry on the charges in the departmental proceeding ultimately resulted in full - 2 - acquittal. In the circumstances, by an order dated 22nd January, 1976 the suspension of the appellant was revoked and he was reinstated by the Bihar State Small Industries Corporation Limited with immediate effect. However, while reinstating the appellant by the said order,it was mentioned in the said order that for the period of suspension the appellant will not get any thing beyond subsistence allowance already paid to him. This decision is squarely contrary to the provisions contained in Rule 97 of the Bihar Service Code, which was also applicable to the Bihar State Small Industries Corporation Limited. The said Rule provides that in the event a person had been suspended and thereupon reinstated without any punishment, he should be paid his full salary and allowances to which he was entitled, but not paid, for he was suspended. 2. However the decision not to pay any thing more than subsistence allowance during the period of suspension was not assailed by taking any legal proceeding. The appellant, however, went on making representations. Ultimately, the Bihar State Small Industries Corporation Limited realized that it was a mistake on its part to deny the appellant full remuneration and other allowances for the period he remained under suspension, but inasmuch as by that - 3 - time the appellant was transferred to Patna Industrial Area Development Authority, by a letter dated 16.3.1979 the Managing Director of the Bihar State Small Industries Corporation Limited acknowledged the mistake and held out openly that the appellant was entitled to full payment of his salary and allowances during the period of suspension and by the said letter requested the Patna Industrial Area Development Authority to pay such salary and allowances, less subsistence allowance paid to the appellant, for the said period. This request was not acceded to. Ultimately, the matter went before the Director of Industries, Government of Bihar, who opined on 07.9.1995 that since the appellant was then working with the Patna Industrial Area Development Authority, it would be appropriate for the Patna Industrial Area Development Authority to pay the said unpaid dues to the appellant. Despite such opinion, no payment was received and accordingly appellant filed a writ petition, which was registered as CWJC No.1032 of 1999. The said writ petition was taken up for hearing on 4th Janunary, 2000 when after some arguments learned counsel for the appellant sought permission to withdraw the writ petition so that the appellant, if so advised, may move to the Board of - 4 - Directors of the Patna Industrial Area Development Authority. Considering such submission the writ petition was dismissed as withdrawn. 3. The appellant then approached the Board of Directors of the Patna Industrial Development Authority with a request to pay him his aforementioned dues. The Board of Directors of Patna Industrial Development Authority, however, sat tight over such request. Accordingly, the appellant approached this Court by filing a writ petition, registered as CWJC No.6637 of 2000, seeking a direction upon the Board of Directors of Patna Industrial Development Authority to consider and dispose of the said request of the appellant. In view of dismissal of the earlier writ petition as withdrawn, the learned Single Judge, who dealt with the second writ petition, felt that the appellant can not press his claim any further and, accordingly, dismissed the writ petition. 4. We feel that the grievance in the first writ petition was something, whereas the grievance in the second writ petition was something else, and, accordingly, dismissal of the first writ petition as withdrawn, with the permission of the Court to approach the Board of Directors, Patna - 5 - Industrial Development Authority, did not debar the appellant to approach the Writ Court in the second writ petition seeking a direction upon the Board of Directors, Patna Industrial Development Authority, to consider and decide his claim for payment. Furthermore, the fact remains that the appellant having been absolved of the charges, for which he had been suspended, the logical conclusion would be that there was no reason to suspend him. The appellant was made to absent from service by putting him on suspension for no just reason as was found and established later. He was, therefore, denied his remunerations for no just reason. That being the situation, it was unjust on the part of the employer to deny due remuneration to the employee. It is unfortunate, that despite a direction of the State, the Board of Directors of Patna Industrial Development Authority did not pay the dues of the appellant. During the pendency of the present appeal, the obligations and liabilities of Patna Industrial Development Authority has vested in Bihar Industrial Development Authority. 5. Taking note of the said fact We allow the appeal, set aside the order under appeal and at the same time allow the writ petition and - 6 - direct the Bihar Industrial Development Authority to pay the salary and allowances payable to the appellant from 2nd July 1971 to 22nd January, 1976, i.e. the period when the appellant was under suspension, after deducting subsistence allowance paid to the appellant during the said period, within a period of three months from the date of service of a copy of this order upon the Bihar Industrial Development Authority. In default of payment of the aforesaid dues on time, the same shall carry interest at the rate of 12 percent per annum. ( Barin Ghosh, J. ) ( Jayanandan Singh, J. ) Patna High Court Dated the 3rd July, 2008 A.H. /N A F R