IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.6137 of 2004
Sidiv Deogham... ... ... ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. Peeyush Krishna Choudhary
For the Respondents: Mr. Jay Shanker Tiwary, J.C. to S.C.(Mines)
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5/27.6.2009
This writ petition has been preferred for issuance of an
appropriate writ, order or direction commanding upon the
respondents to pay the salary of the petitioner from February, 2004
which has been withheld without any legal justification and valid
cause and without passing any reasoned order.
On specific query, I am informed by the learned counsel for
the petitioner that till date no disciplinary proceeding has been
initiated against the petitioner nor any order of termination has
been passed and the matter is at the show cause stage to which
the petitioner has already given his reply.
The settled law and also the cardinal principle of natural
justice will require that before passing a punitive order involving
civil consequences the disciplinary proceeding ought to have been
initiated after affording full opportunity to the petitioner since there
is allegation of continuous absence from service which is denied by
the petitioner.
Be that as it may, it will be in the fitness of thing to observe
that as long as termination order has not been passed the
petitioner is deemed to be in service and even if he has been or will
be suspended during the pendency of the disciplinary proceeding
he will be entitled to subsistence allowance.
Considering the aforesaid facts and circumstances of the
case, this writ petition is disposed of with a direction to follow the
required procedure established by law before withholding the salary
and/or terminating the delinquent officials.
(Ajit Kumar Sinha, J)
Sudhir/