RANCHI, India, May 7 -- Jharkhand High Court issued the following order on April 6:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for the following reliefs; (a) To quash the memo no.111 dated 28.03.2011 (Annx-5) passed by Director General of Police-cum-Inspector General of Police, Jharkhand and issued by the I.G. (Training) Jharkhand, Ranchi, whereby the salary for the intervening period from 25.10.2005 to 25.09.2008, during which the petitioner was kept under illegal/non-est dismissal, has been denied on the Principle of 'no work no pay' although he has been again exonerated in the remitted Departmental Proceeding and also acquitted in the Criminal Proceeding. (b) To direct the respondents to treat the petitioner continuous in service and pay entire consequential service benefits and post retiral benefits including the arrear of salary for the period of 25.10.2005 to 25.09.2008 during which the he was forced to remain out from his service by the illegal order of dismissal based on non-est proceeding as has been held by the Appellate Authority. (c) To direct the respondents to consider and shift the date of promotion on the post of Sergeant Major w.e.f. 20.07.1984 which has been given to him w.e.f. 02.07.1988 and accordingly grant all the constitutional benefits to him as well. (d) Further for direction upon the Respondents to pay the statutory interest of 5% in accordance with circular bearing Memo No.:-P.C-2-1-46/79/3155 dated 07/11/1981 over the entire arrears of payment beside to that of penal interest of 18% per annum for perpetuating undue mental and physical harassment to the petitioner. (e) Any other relief or reliefs as Your Lordship may deem fit and proper, for which the petitioner may be found entitled under the facts and circumstances of the case for the ends of justice.

3. Briefly stated, the petitioner's appointment letter to the post of Sergeant was issued on 19.09.1974, and he submitted his joining on 17.10.1974. The DIG (Personnel), Bihar, Patna, issued an order stating that, owing to delay in issuance of promotion, the petitioner's seniority would not be affected and would remain intact as per the fit list. Subsequently, a an order of dismissal was passed by the DGP, Jharkhand, and communicated to the petitioner vide Memo No. 90 dated 25.10.2005. Being aggrieved, the petitioner filed a writ application being W.P.(S) No. 1802 of 2006, which was heard and disposed of with a direction to the Secretary, Home Department, to decide the petitioner's pending appeal on its own merits within six weeks.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoOLJ2jvsuOjVGn2XJP%2FMZ9cKrDaW%2FXEUfwX%2FMoG0XFqL&caseno=WPC/940/2021&cCode=1&cino=JHHC010078302021&state_code=7&appFlag=)

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