IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.201 of 2011 In Civil Writ Jurisdiction Case No. 19272 of 2010 ====================================================== Rama Kant Pd. Choudhary, son of Late Harinandan Prasad Choudhary, resident of South of Law College, Ganipur, Muzaffarpur, at present posted as Electrical Executive Engineer, Electric Supply Division, Darbhanga. - Petitioner- Appellant Versus 1. The Bihar State Electricity Board, Vidyut Bhawan, Beily Road, Patna, through its Chairman. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Joint Secretary, General Administration, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. Officer-on-Special Duty(Admn), General Administration, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 6. The Accounts Officer, (Estt.) Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 7. The General Manager-cum-Chief Engineer, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna - Respondents- Respondents ====================================================== Appearance : For the Appellant : Mr. Sitesh Chandra Mitra, Advocate Mr. Deepak Kumar, Advocate For the Respondents: Mr.Vinay Kirti Singh, Advocate ====================================================== 2 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 14.02.2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 25th November 2010 made by the learned Single Judge in above C.W.J.C. No. 19272 of 2010. The appellant-writ petitioner is an Executive Engineer in the Bihar State Electricity Board (hereinafter referred to as “the Board”). In the year 1993, a disciplinary proceeding was initiated against the petitioner then a Junior Engineer. By order dated 25th April 1998 made by the disciplinary authority, the appellant was visited with punishment of withholding of two increments with cumulative effect and withholding of promotion for three years. It was also directed “he will not be paid anything other than subsistence allowance for the period of suspension. The period of suspension will however be treated as on duty for post retirement benefits.” 3 The aforesaid order was challenged in departmental appeal. The appellate authority, by its order dated 16th March 2000, modified the order of punishment to the extent that the punishment of withholding of promotion for three years was set aside. In other words, the punishment of withholding of two increments with cumulative effect and the reference that the appellant would not receive anything during the period of suspension except the subsistence allowance were maintained. It is not in dispute that the aforesaid appellate order was not challenged further and has become final. Since the order of the appellate authority, the appellant approached this Court in above C.W.J.C. No. 19272 of 2010 under Article 226 of the Constitution. The appellant complained that he was wrongly denied notional increments during the period of suspension. In support thereof, he has relied upon the Standing Order No. 817 dated 2nd June 1999 (hereinafter referred to as “the S O 817”) issued by the Board. The said Standing Order provided :- 1. If the disciplinary authority passes a specific order that the increment will not be earned during suspension period, then no increments will be allowed during that period. 2. If the disciplinary authority passes a 4 punishment order but does not specifically order regarding non-earning of increments during suspension period then the annual increments will be allowed on notional basis, where no stage of E.B. falls during this period. 3. Existing rules regarding sanction of increments is modified to the above extent. In view of the S O 817 the appellant made a representation to the Board for re-fixation of his pay and for release of notional increments during the period of suspension in consonance with the S O 817. By order dated 23rd August 2010 his representation came to be rejected. It is observed that the S O 817 has been withdrawn by the Standing Order No. 847 dated 30th September 2003 (hereinafter referred to as “the S O 847”). The S O 847 provides “no increment shall be earned during suspension period unless the period of suspension is treated as duty for all purposes.” The challenge to the aforesaid communication dated 23rd August 2010 before the learned Single Judge has failed. Therefore, the present Appeal. Learned Advocate Mr. Satish Chandra Mitra has 5 appeared for the appellant. He has submitted that the appellant has wrongly been denied notional increments in consonance with the S O 817. He has submitted that the order of the appellate authority was made on 16th March 2000 i.e. during the subsistence of the S O 817. The appellant, therefore, ought to have received the notional increments in consonance with the said Standing Order. We are unable to agree with Mr. Satish Chandra Mitra. As has been recorded hereinabove, on the date of the punishment the S O 817 was not in existence nor is it subsisting since 30th September 2003. The appellant’s claim for notional increments made as late as in the year 2010 was rightly rejected by the Board. Besides, the order of punishment clearly stipulated that the appellant would not receive anything during the period of suspension except the subsistence allowance. In other words, by necessary implication the increments were denied to the appellant. That part of the order was sustained by the appellate authority. The order of the appellate authority was not challenged further. In view of the specific stipulation made in the order of punishment, even under the S O 817 the appellant was not 6 entitled to receive the notional increments. The learned Single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Bibhash (R.M. Doshit, CJ.) (Jyoti Saran, J.)