IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2659 of 2011 ====================================================== 1. Kumar Bablooji S/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 2. Santosh Kumar S/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 3. Guriya Kumari D/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 4. Seema Kumari D/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 5. Sheela Kumari D/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 6. Indu Kumari D/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah 7. Kumari Anjali D/O Late Lal Babu Prasad R/M - Shital Tola, Arrah, P.O.- Shivganj, Distt.- Arrah .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Director-In-Chief, Health Service, Government Of Bihar, New Secretariat, Vikash Bhawan, Patna. 3. The Director, Health Services, Government Of Bihar, New Secretariat, Vikas Bhawan, Patna. 4. The Commissioner-Cum-Secretary, Health Service, Government Of Bihar, New Secretariat, Vikash Bhawan, Patna. 5. The Regional Deputy Director, Health Service, Government Of Bihar, Patna Division, Patna. 6. The Civil Surgeon-Cum-Chief Medical Officer, Department Of Health, Government Of Bihar, Arrah, District- Bhojpur At Arrah. 7. The Civil Surgeon-Cum-Chief Medical Officer, Departmetn Of Health, Government Of Bihar, Gopalganj, District- Gopalganj. 8. The Collector-Cum-District Magistrate, Bhojpur, District- Bhojpur At Arrah. 9. The Superintendent, Sadar Hospital, Arrah, District- Bhojpur At Arrah. 10. The Treasury Officer, District- Treasury Officer, Arrah, District- Bhojpur At Arrah. 11. The Accountant General (A & E), Bihar, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra For the Respondent/s : Mr. Vinay Kriti Singh Sc5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 7 21-06-2012 Heard learned counsel for the petitioner and the Patna High Court CWJC No.2659 of 2011 (7) dt.21-06-2012 2 State. The original petitioner has been deceased during the pendency of the writ petition. Considering that the claims had financial implications for the family of the deceased, the application for substitution has already been allowed. The writ petition originally questioned the order dated 29.4.2009 passed by the Director-in-Chief, Health Services, Bihar declining to pay full salary for the period of suspension from 28.6.1999 to 11.8.2002. Contending that the suspension was wholly unjustified in the facts of the case, the grievance is for payment of full salary for the period in question. Learned counsel for the petitioner submits that there was one solitary charge against the deceased framed on 16.6.1991. It alleged that as the storekeeper of the Sadar Hospital, Gopalganj, he was guilty for purchase of medicines valued at Rs.6,529.23 contrary to government instructions and regulations. In what is known properly as the medicine scam, the matter was also investigated by the C.B.I. In the departmental proceeding an enquiry report was submitted as far back as 13.6.2000 where no finding of guilt was recorded against him. The departmental proceeding remained inconclusive and the respondents never took any final decision on the same by either acceptance of the report Patna High Court CWJC No.2659 of 2011 (7) dt.21-06-2012 3 or by a difference of opinion, if they could have done so. The C.B.I. after its investigation concluded that there was no material to indict the deceased and subject him to trial. The charge in the departmental proceeding and that investigated by the C.B.I. was solitary and common. The suspension was therefore wholly unjustified and thus under Rule-97 of the Bihar Service Code the deceased was entitled to full salary for period of suspension.. Learned counsel for the State supporting the impugned order submitted that if there was a departmental proceeding and the matter was under investigation, that the deceased may have ultimately been exonerated cannot make the suspension wholly unjustified. It is not in dispute from the counter affidavit that the departmental proceeding was never taken to its logical conclusion by the respondents. There is not even a whisper of suggestion in the counter affidavit why it was not concluded, much less any factors attributed to the petitioner. The petitioner has specifically asserted in paragraph-27 of the writ application that the C.B.I. was satisfied that there was no material against the petitioner to indict him and that no action was required against him enclosing the copy of the C.B.I. report. The counter affidavit does not deny it. Rule-97(2) of the Bihar Service Code inter alia provides that if the suspension was unjustified the Patna High Court CWJC No.2659 of 2011 (7) dt.21-06-2012 4 government servant is entitled to full pay and allowance as if he had not been suspended. In the facts of the case, the conduct of the respondents in allowing the departmental proceedings to remain inconclusive for reasons attributable to their own lapses only for long years from 1991 till the institution of the writ application in the year-2011, the submission of the report of the C.B.I. as far back as 2004 that there was no material against the petitioner, no further discussion is required that the suspension was wholly unjustified. Had issues arisen with regard to reports of the C.B.I. and the conclusion in the departmental proceedings enquiry report being at variance etc. different considerations may have arisen. The petitioners are held entitled to the arrears of salary payable to the deceased. In the facts of the case, keeping in mind the subordinate nature of the post that the deceased held, the Court considered it proper to grant interest @ 10% on the arrears. Let the legitimate payments be made to the petitioners within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. Failure to pay within stipulated time with interest shall invite liability for the interest amount from the salary of those who may be responsible for the delay in compliance with the order of the Patna High Court CWJC No.2659 of 2011 (7) dt.21-06-2012 5 Court. The writ application is disposed. K.C.jha/- (Navin Sinha, J)