IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5790 of 2007 Yogendra Kumar, S/O- LATE MAHABIR RAM, RESIDENT OF MOHALLA- 391 NEHRU NAGAR, P.O.- PATLIPUTRA COLONY, P.S. SRI S.K.PURI, DISTT- PATNA, 800013 :-----Petitioner. Versus 1. The State Of Bihar THROUGH THE COMMISSIONER AND SECRETARY, LABOUR EMPLOYMENT AND TRAINING DEPARTMENT, PATNA. 2. THE COMMISSIONER, AND SECRETARY LABOUR EMPLOYMENT AND TRAINING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. ASSISTANT LABOUR COMMISSIONER, CUM-ENQUIRY OFFICER, AGRICULTURAL LABOURER DIRECTORATE, BIHAR, PATNA :---RESPONDENTS. ---------------------------------- For the petitioner :- M/S Tej Bahadur Singh, Shashi Priya Pathak, Advocates. For the Respondents:- Mr. Harishankar Roy, AG IX. ======= 2. 17.11.2011. Heard learned counsel for the petitioner and the State. 2. At the relevant time petitioner served as Labour Enforcement Officer. He is aggrieved by the order bearing Memo No. 109 dated 8.5.1995 passed by the Labour Commissioner, Bihar, Annexure-4, whereunder he has been directed not to receive salary beyond the subsistence allowance for the period of suspension and has also been censured for his failure not to file complaints against the employer during the period between July, 1992-March, 1993. 3. It is submitted on behalf of the petitioner that earlier he was placed under 2 suspension under order bearing Memo No. 980 dated 30th November, 1993, Annexure-1. Along with the suspension order memo of charge dated 28.11.1993 was also served on him. In response to the memo of charge he submitted his reply dated 16.12.1993, Annexure-2 refuting the charge and submitted that before lodging the complaints he is required to act in terms of the provisions of the Act for ensuring conciliation between the labourers and the management, the complaints could not be filed during the period between July, 1992-March, 1993 as during the said period conciliation proceeding was in progress. Enquiry Officer considered the aforesaid plea of the petitioner and found the same true and exonerated him of the charges levelled against the petitioner under report, Annexure-3. It is submitted on behalf of the petitioner that without submitting the reasons for differing with the findings exonerating the petitioner in the report, Annexure-3 the Disciplinary Authority passed impugned order dated 8th May, 1995, Annexure-4 directing that petitioner shall not receive any salary for 3 the period of suspension beyond the subsistence allowance and also censured the petitioner. It is submitted on behalf of the petitioner that against the order dated 8.5.1995 petitioner filed an appeal which was kept pending by the authorities although several reminders were given by the petitioner for the disposal of the appeal but to no effect. Aforesaid submissions have been made in paragraphs 13-15 of the writ petition which has not been disputed by the State- respondents in the counter affidavit. It is submitted on behalf of the petitioner that as his appeal filed against the order dated 8th May, 1995 was not disposed of, he moved this Court by filing the present writ petition on 2.5.2007 and delay in challenging the order dated 8.5.1995 is being explained on account of pendency of the statutory appeal. 4. Having heard counsel for the parties and having appreciated the submission that without serving the reasons for differing with the findings recorded in the Enquiry Report, Annexure-3 exonerating the petitioner the Disciplinary Authority could not have 4 passed order dated 8.5.1995, Annexure-4 punishing the petitioner with censure and withholding his salary beyond subsistence allowance for the period of suspension and for such failure of the Disciplinary Authority not to serve the reasons for differing with the findings recorded in the Enquiry Officer, I have no option but to quash the order dated 8.5.1995, Annexure-4. Matter having become stale, it is directed that no further action be taken in the matter against the petitioner. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)