2026:JHHC:12256 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 1008 of 2018 ---------- Partha Sarathi Chowdhury, s/o Late Narayan Prasad Chowdhury, aged about 54 years Permanent Resident of: 109/17, A Hazra Road, P.O. Kalighat, P.S. Tallygunge, Kolkata-700026, West Bengal, presently posted as "Director" in the Directorate of Economics and Statistics, Govt. of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O.: and P.S.: Doranda, District- Ranchi. ………. Petitioner Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, P.O. & P.S. Dhurwa, District- Ranchi. 2. The Additional Chief Secretary, Department of Planning-cum- Finance, Planning Division, Government of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O, & P.S. Doranda, District-Ranchi. 3. The Joint Secretary, Department of Planning-cum-Finance, Planning Division, Government of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O. & P.S. Doranda, District- Ranchi 4. The Deputy Secretary, Department of Planning-cum-Finance, Planning Division, Government of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O. & P.S. Doranda, District- Ranchi. 5. The Under Secretary, Department of Planning-cum-Finance, Planning Division, Government of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O. & P.S Doranda, District- Ranchi 6. The Joint Director (Administration) Cum Drawing and Disbursing Officer, Directorate of Economics and Statistics, Government of Jharkhand, Yojona Bhawan, Nepal House Complex, Doranda, P.O. & P.S. Doranda, District-Ranchi. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Saibal Mitra, Advocate Ms. Sangita Choudhary (Mitra), Advocate For the State : Mr. Ankit Kumar, AC to GP-VI ---------- 21/ 23.04.2026 The instant application has been preferred by the petitioner for following reliefs: i) For a direction upon the respondents to pay the salary for the period 15-02-2017 to 14-09-2017 during the period of which the Respondents in violation of the order dated 02-02-2017 of this Hon'ble High Court passed in W.P.(S) No. 345 of 2017 (Annexure -2) have put the petitioner's service on termination illegally by passing illegal termination order vide Memo No. 264 dated 15-02-2017 (Annexure -4) which was later on deleted/cancelled by the Respondents vide Memo No. 1387 dated 13-09-2017 (Annexure-6); 2026:JHHC:12256 2 ii) Petitioner further prays for issuance of appropriate Writ Writs order orders, direction/directions Commanding the concerned Respondents to immediately pay the salary for the period from 15-09-2017 to till date because petitioner has joined in the post of Director of Directorate of Economics and Statistics, Government of Jharkhand on 15-09-2017 (forenoon) vide his joining letter dated 15-09-2017 (Annexure -7 Series) addressed to the Additional Chief Secretary, Department of Planning-Cum-Finance, Planning Division, Government of Jharkhand, Ranchi based on the Memo No. 1387 dated 13-09- 2017 (Annexure -6) issued by the Respondents cancelling/deleting the illegal Memo No. 264 dated 15-02- 2017 (Annexure -4) terminating service of the petitioner illegally w.e.f.15-02-2017 and the petitioner has been attending his duties regularly since 15-09-2017 and onwards but the Respondents without any legal reason not paying the salary to the petitioner causing agony and affliction to the petitioner in violation of fundamental Right of the petitioner guaranteed under Article 21 of the Constitution of India; iii) Petitioner further prays for issuance of appropriate order/orders to set aside the para 5(Ka) of the Memo No. 438 dated 11-04-2018 issued by the Deputy Secretary i.e. Respondent No.4. 2. Briefly stated, Petitioner was appointed as Director, Directorate of Economics and Statistics, Department of Planning and Development (Presently the Department of Planning Cum Finance, Planning Division), vide Memo No. 958 dated 15.06.2013. On 29.09.2014, 1st Charge Memo was issued and Inquiry Officer was appointed. On 02.03.2015, 2nd Charge Memo no. 406 dated 02.03.2015 was issued to petitioner. Thereafter, one 2nd Show cause Letter No. 2151 dated 30.12.2016 has been issued in respect to the two Departmental Enquiry asking the petitioner to submit his reply in respect to proposed punishment of termination from service. The Petitioner vide his letter no. 13 dated 09.01.2017, requested the Additional Chief Secretary-Cum-Disciplinary Authority i.e. Respondent No. 2 to provide the petitioner the two Enquiry Reports. The Respondents provided Two Enquiry Reports vide Letter No.84 dated 16.01.2017. On 17.01.2017, Petitioner requested for time to file reply on Enquiry Reports, however, the same was denied. Thereafter petitioner has filed W.P.(S) No. 345 of 2017 before this Court praying therein for setting aside the 2nd Show cause Notice issued by the Under Secretary i.e. Respondent No. 5. 2026:JHHC:12256 3 3. Vide order dated 02.02.2017 the said writ was disposed of and direction has been given to the Respondents Authorities to allow the petitioner four weeks’ time to submit his reply on the enquiry report in the 2nd Show notice. However, the Respondents without asking for reply from the petitioner, have terminated him from service vide Memo 264 dated 15.02.2017. 4. Thereafter, petitioner filed Cont. Case (Civil) No. 213 of 2017 against the action of the Respondents. Ultimately, on 13.09.2017 vide Memo No. 1387 dated 13.09.2017 the respondents have withdrawn the order of termination and the petitioner joined his service on 15- 09-2017. Vide order dated 19.01.2018 this Court dropped the Cont. Case (Civil) No. 213 of 2017. However, vide Memo No. 438 dated 11.04.2018 the Respondents rejected claim of Salary for the period 15.02.2017 to 14.09.2017 on the ground that Petitioner was not in service during that period and that Petitioner is entitled for salary from 15.09.2017. Hence, this writ application has been filed. 5. Learned counsel for the petitioner submits that when the first round of litigation was over with the liberty to the petitioner to file reply, in the meantime, the petitioner was terminated and again, he filed contempt application, in which termination order was withdrawn and the claim for salary is only for the period from the date of termination till the date of his joining. Accordingly, he prays that necessary direction be issued to the concerned respondents to pay full salary of the said period for reason that there was no fault of the petitioner for not doing the work and it is a settled legal proposition that an employee would be entitled for full salary, if he has been prevented by the other party and not by himself. 6. Learned counsel for the respondents could not oppose the factual aspect that the termination order was withdrawn during pendency of the contempt application. 7. Having regard to the aforesaid facts and circumstances, there seems no reason as to why the petitioner would not be entitled for full salary for the period from 15-02-2017 to 14-09-2017, which is 2026:JHHC:12256 4 the period from the date of termination till joining/ withdrawal of termination order. 8. The averments and stand taken in the counter-affidavit do not satisfy this Court with regard to the reason that petitioner has not worked for that period and as per the principle of “no work no pay”, he is not entitled, but, in the factual background of this case, the theory of “no work no pay” will not be applicable in view of the fact that the law is no more res-integra that the Department will have to see as to whether the absence from duty or non-work by the delinquent is due to the fault of the delinquent or the respondent. 9. In the instant case, the petitioner was prevented to do his work though he was fully ready and he was pursuing the matter challenging the 2nd show-cause notice before this Court and which was disposed of by giving liberty to the petitioner to reply to the show-cause, but all of a sudden, he was dismissed and subsequently, in contempt proceeding, the termination order was withdrawn. Therefore, in entire episode it does not transpire that there was any fault of the petitioner for not doing the job. 10. Accordingly, the instant application is allowed by quashing memo No. 438 dated 11.04.2018 (Annexure-C to the counter- affidavit) and directing the respondents to pay full salary for the period from 15-02-2017 to 14-09-2017, which is the period from the date of termination till joining/ withdrawal of termination order. The same shall be paid to the petitioner with all consequential benefits within a period of 12 weeks from the date of uploading the order. 11. It goes without saying that if the respondents will not pay the amount of salary within the aforesaid stipulated period, the petitioner shall also be entitled for 7% interest with quarterly rest. (Deepak Roshan, J.) 23rd April, 2026 kunal/- Uploaded on 04.05.2026