Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1143 (JHR)

Ramanand Kumar Savita Son of Late S. N. Sharma v. Union of India

2019-06-14

SANJAY KUMAR DWIVEDI

body2019
ORDER : SANJAY KUMAR DWIVEDI, J 1. Heard Mrs. Swati Shalini, J.C. to Mr. Amit Kumar Das, Advocate for the petitioner and Mr. Binod Singh, C.G.C. for the Central Industrial Security Force. 2. The petitioner has prayed for quashing the order dated 25.6.2011, whereby and whereunder the claim of this petitioner for salary for the period from 15.4.1999 to 28.12.2010 has been rejected. He further prays for a direction to the respondent authorities for release of arrears of salary for the period from 15.4.1999 to 28.12.2010. 3. Pursuant to a chargesheet dated 13.1.1999 and after an enquiry and on conclusion of the departmental proceeding the petitioner has been dismissed from service by the Disciplinary Authority vide order dated 15.4.1999. The petitioner preferred an appeal against the dismissal order, which was also dismissed on 30.8.1999. The petitioner moved before this Court in C.W.J.C. No. 3400 of 1999(R), which was allowed on 26.7.2006. This court disposed of the writ petition by setting aside the order passed by the Disciplinary Authority and confirmed by the Appellate Authority and remanded back the matter to the Disciplinary Authority with a direction for awarding a lesser punishment having due regard to the nature and circumstances of the case in the light of the observations made in the said order. This court further directed the disciplinary authority to dispose of the matter as expeditiously as possible, preferably within a period of three months from the date of receipt/production of a copy of the said order. Thereafter, respondent Central Industrial Security Force preferred a Letters Patent Appeal, being L.P.A. No.614 of 2006 against the order passed in the writ petition, which was dismissed vide order dated 07.12.2007. The Central Industrial Security Force took the matter before the Apex Court in Civil Appeal No. 23 of 2009, which was disposed of by order dated 5th January, 2009 (Annexure 5 to the memo of the writ petition) and the matter was remanded back requesting the High Court to dispose of the matter on merits as early as possible. Thereafter the L.P.A. No. 614 of 2006 was heard and vide order dated 05.5.2010 the same was dismissed and the order passed by the learned Single Judge in C.W.J.C. No. 3400 of 1999(R) was confirmed. Thereafter the L.P.A. No. 614 of 2006 was heard and vide order dated 05.5.2010 the same was dismissed and the order passed by the learned Single Judge in C.W.J.C. No. 3400 of 1999(R) was confirmed. The respondents reinstated the petitioner in service vide order dated 02.3.2011 and passed an order of reduction of pay by three stages in prerevised scale for a period of three years with a direction that he will not earn increment during the said period and after completion of the punishment, the reduced pay will have effect on his future increment. The order dated 02.3.2011, whereby and whereunder certain increments of the petitioner have been directed to be reduced is not challenged by the petitioner in the representation. Vide order dated 25.6.2011 the representation made by the petitioner for payment of arrears of his salary for the period from 15.4.1999 to 28.12.2010 has been rejected taking into account Rule 25 of CCS Leave Rules, 1970. 4. Mr. Binod Singh, appearing for Central Industrial Security Force submits that the petitioner has been reinstated in service and in view of Rule 25 of CCS Leave Rules, 1970 order dated 25.6.2011 has been passed that the petitioner will not be entitled for salary for the period from 15.4.1999 to 28.12.2010. It is submitted that under Rule 25 of the C.C.S. Leave Rules, 1970, petitioner is not entitled for salary for the period from 15.4.1999 to 28.12.2010. 5. Learned counsel for the petitioner submits that this Court, by order dated 26.7.2006 in C.W.J.C. No. 3400 of 1999(R), has set aside the order of the disciplinary authority and remanded the matter back to the disciplinary authority to pass an order of lesser punishment. The matter travelled up to the Supreme Court and remanded back to this Court and thereafter, the Division Bench upheld the order dated 26.7.2006 of the learned Single Judge. Pursuant thereto the order of reinstatement has been passed by the Central Industrial Security Force reducing the pay of the petitioner by three stages in prerevised scale for a period of three years with a direction that he will not earn increment during the said period and after completion of the punishment, the reduced pay will have effect on his future increments. Counsel for the petitioner very fairly submits that the aforesaid order has not been challenged. Counsel for the petitioner very fairly submits that the aforesaid order has not been challenged. She further argues that the petitioner has already been punished as the aforesaid condition of reduction of pay has been imposed in reinstatement order. Thus, Rule 25 of CCS Rule is not applicable so far as the petitioner is concerned in view of the earlier litigations before this Court and the Hon’ble Supreme Court. 6. This Court finds substance in the argument of the counsel for the petitioner. The petitioner has already been punished by way of reduction in the pay as indicated in the reinstatement order. Therefore, Petitioner is entitled for salary and other allowances from 15.4.1999 to 28.12.2010. Accordingly, the order dated 25.6.2011 is quashed. The respondent Central Industrial Security Force is directed to pay the salary and other allowance for the period from 15.4.1999 to 28.12.2010 to the petitioner preferably within 10 weeks of receipt/production of this order. 7. With the above observation and direction the writ petition is allowed.