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2006 DIGILAW 602 (PAT)

Mathura Prasad v. State of Bihar

2006-07-13

body2006
ORDER Heard counsel for the parties. 2. The petitioner is aggrieved by the order passed by the authorities dated 26.2.2001, whereby and whereunder entry has been made in his service book shifting his date of increment from 1.4.1999 to 9.3.2000 and at the same time, he is also aggrieved by the action of the authorities, whereby and whereunder his pension paper has been returned by raising objections. 3. It is contended by counsel for the petitioner that before making adverse entry in the service book no opportunity of hearing or any show-cause notice was given to the petitioner, and, thus, he was denied the opportunity of the principles of Natural Justice. 4. A counter affidavit has been filed on behalf of the State. JC to SC I contended that since the petitioner remained absent from 27.1.1999 to 6.1.2000, it was decided not to pay his salary on ground of 'no work no pay', and, therefore, entry was made in his service book. 5. When questioned as to whether any inquiry was made against the petitioner for his remaining absent for one year, the answer came in negative. Learned counsel for the State also could not satisfy the Court as to whether any opportunity of show-cause or of hearing was given to the petitioner before making entry in the service-book adversely affecting the petitioner. 6. There is no pleading of the respondent State that for absence of the petitioner any inquiry was held and a decision was taken not to pay him salary, and to make adverse entry in his service book. 7. In this view of the matter, it appears that no opportunity, whatsoever, was given to the petitioner before making entry in the service-book and, thus, the action of the State authorities appears to be violative of the principles of the Natural Justice. 8. In case, the petitioner had remained absent for about a year, the respondents could have enquired into the matter after due notice to the petitioner and thereafter they could have proceeded in accordance with law. 9. Regard being had to the facts and circumstances of the case, this application is allowed and the order dated 26.2.2001, by which entry has been made by the respondent authorities in the service book of the petitioner shifting the date of his increment is set aside. 9. Regard being had to the facts and circumstances of the case, this application is allowed and the order dated 26.2.2001, by which entry has been made by the respondent authorities in the service book of the petitioner shifting the date of his increment is set aside. Since the petitioner has already superannuated, the respondent authorities are directed to forward his pension paper for payment of pensionary benefit.