High Court Patna High Court - Orders

Pramod Kumar Singh vs The State Of Bihar &Amp; Ors on 25 February, 2011

Patna High Court – Orders
Pramod Kumar Singh vs The State Of Bihar &Amp; Ors on 25 February, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.11067 of 2006
                                  PRAMOD KUMAR SINGH
                                           Versus
                              THE STATE OF BIHAR & ORS
                                        -----------

02. 25.02.2011 Prayer of the petitioner in this Writ

Application is for a direction to the Respondents to

make payment of arrears of salary for the period

May, 1998 to July, 1998; October, 1998 to

December, 1998; January, 1999 to December,

1999; April, 2000 to December, 2000; January,

2001 to December, 2003; and January, 2005 to

May, 2006. The payment of salary has been stopped

without any rhyme and reason, as the petitioner had

not been awarded any punishment in any

Departmental Proceeding for non-payment of salary.

A very unsatisfactory Counter Affidavit has

been filed, in which simply it has been stated that

for non-attending the office regularly, a show-cause

was issued to the petitioner. There is nothing to

show that for such charge any Departmental

Proceeding was initiated and the charges were

proved. This is completely an arbitrary exercise of

powers on behalf of the Respondents.

Let this matter be listed again on 11th of

March, 2011, retaining its position.
2

Supplementary Counter Affidavit must be

filed on behalf of the Respondents, showing that

entire arrears of salary, for payment of which this

Writ Application has been filed by the petitioner, has

been paid to him. In support of the statement,

relevant documents must be annexed with the

Supplementary Counter Affidavit.

SKM                        (Mridula Mishra, J.)