N S DHAMANKAR Vs. CANTONMENT BOARD BELGAUM

JUDGEMENT

(1.) Petitioner, an employee of the Cantonment Board. Belgaum, has preferred this writ petition under Article 226 of the Constitution seeking relief by way of Writ of Certitiorari quashing Exhibit-E dated 14.3.1977. That order is in the form of a communication signed by the Executive Officer of the respondent Board, by which the petitioner was informed that despite the order of this Court in W.P. 863/75, the petitioner should be deemed to have been under suspension from 13.12.1972 the date on which he was originally dismissed from service after a departmental enquiry, which dismissal order came to be set aside by this Court in the afore-mentioned writ petition. Consequently, he has prayed for issue of a Writ of Mandamus directing the respondent Boa'rd to release his salary from 29.8.1970, the date on which he was originally suspended pending enquiry.

(2.) Respondent has entered appearance through counsel and filed the statement of objections. The facts alleged by the petitioner are not in dispute. It is useful to notice paragraphs 4 and 5 of the statement of objections, which are as follows:

(3.) Later, in para 6, the Board asserts that it will make the payments in accordance with the Rules and Regulations if a certificate is filed by the petitioner that he was not gainfully employed elsewhere during the period of suspension. In other words, what emerges from the stand taken in paras 4 and 5 and the concession made in para 6 of the statement of objections is that the petitioner is entitled to some payment if not the full salary.