PHILOMINA EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The relief sought for by the petitioner in the instant case is for quashment of order dated 04.03.2015 whereby the respondents have held that the period between 21.05.2004 to 02.03.2009 shall be treated as "No Work No Pay" that was the period during which the petitioner was placed under suspension.

(2.) The brief facts of the case is that the petitioner in the instant case while working as Project Officer under integrated Child Development Scheme Nawagarh, District Janjgir Champa was initially inflicted with punishment of stoppage of one annual increment without cumulative effect, however, later on, the respondents had vide order dated 21.05.2004 cancelled the order of punishment dated 18.05.2004 and placed the petitioner under suspension contemplating departmental enquiry. It is alleged that thereafter a departmental enquiry was initiated, however, the same did not got concluded and finally an order was passed dropping the entire departmental enquiry against the petitioner vide order dated 26.07.2013. In between on 003.2009 the order of suspension of the petitioner stood revoked and the petitioner was reinstated as Project Officer and in the said order it was held that, as to how the period of suspension has to be treated would be decided after the outcome of the departmental enquiry.

(3.) Subsequent to the dropping of departmental enquiry against the petitioner, the respondents have passed the impugned order dated 04.02015 whereby the period of suspension between 21.05.2004 to 02.02009 has been declared as No Work No Pay. It is this order against which the petitioner has preferred this writ petition.