Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. ( 2025:JHHC:18438-DB )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A.No. 668 of 2023
Md. Taiyab Hussain son of Late Ali Bux Mian, aged about 58 years, resident of village Sikudih, P.O. Gunghasa, P.S. Hariharpur, Gomoh, District-Dhanbad
…. … Appellant
Versus
1. The State of Jharkhand
2. Deputy Commissioner, Dhanbad, P.O., P.S. and District Dhanbad
3. District Superintendent of Education, Dhanbad, P.O., P.S. and District Dhanbad
4. Area Education Officer, Dhanbad, P.O., P.S. and District Dhanbad.
…. … Respondents
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CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay
Hon’ble Mr. Justice Ambuj Nath
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For the Appellant: Mr. Afaque Ahmed, Advocate
For the Respondents: Md. Shahabuddin, S.C.-VII.
…
07 / 09.07.2025 Heard Mr. Afaque Ahmed, learned Counsel for the appellant and Md. Shahabuddin, learned S.C.-VII.
2. This appeal is directed against the order dated 17.10.2023 passed by the learned Single Judge in W.P.(S) No. 4760 of 2023 whereby and whereunder the prayer of the writ petitioner/appellant for payment of full salary during the suspension period as well as the punishment imposed upon him of withholding of one annual increment with cumulative effect as contained in memo No. 2832 dated 17.07.2010 has been refused.
3. It has been submitted by the learned Counsel for the appellant that the criminal case instituted against the writ petitioner/appellant has resulted in his honourable acquittal in the year 2014 and despite representations having been submitted before the Department, no response has been given to the said representations.
4.
Learned Counsel submits that the punishment of stoppage of one annual increment with cumulative effect as well as the non-payment of salary during the suspension period still subsists and therefore the learned Single Judge was in error in coming to a conclusion that there has been inordinate delay of 13 years in approaching this Court.
5. Md. Shahabuddin, learned S.C.VII has submitted that no plausible explanation has been given by the writ petitioner/appellant with respect to the delay in approaching this Court.
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6. We are not inclined to interfere with the impugned order dated 17.10.2023 passed in W.P.(S) No. 4760 of 2023 primarily for the reason that the appellant had approached this Court after an inordinate delay of 13 years and the explanation which has been submitted by the learned Counsel for the appellant/writ petitioner is not acceptable to us.
7. However, at the same time if the appellant submits a representation in view of the subsequent development which has resulted in an honourable acquittal in the year 2014 in the criminal case which had been instituted against him, he may approach the Authorities for payment of full salary during the period of suspension and any other grievance concerned with the subject matter of this appeal and if such representation is preferred, the concerned Authority shall make endeavour to dispose of the same expeditiously.
8. This appeal stands disposed of with the aforesaid observation.
(Rongon Mukhopadhyay, J)
(Ambuj Nath, J)
P.K.S.