R SANTOSH KUMAR Vs. U O I

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking for a direction to the respondents to pay to the petitioner pay and allowances for the period during which the petitioner was in police and judicial custody and under suspension, along with interest at the rate of 18% p.a for the delayed payment of the same.

(2.) The petitioner while working as L/Hav was implicated in a criminal case under Sections 498-A/302/34 of the Indian Penal Code, which was registered on the basis of FIR No.159/ 1997 P.S.Delhi Cantt. The petitioner was taken into custody on 6.6.97. He was released on parole for six months w.e.f 19.7.98 to 15.12.98 when he rejoined his duties. For the aforesaid period of six months, the petitioner was paid his full salary and allowances. The petitioner thereafter surrendered and was again taken into custody w.e.f 16.12.98 and continued to remain in custody till 28.1.2003 when he was again released on bail by the appellate court. The petitioner was convicted by judgment and order dated 30.4.2002 and has been sentenced to undergo life imprisonment. An appeal against the conviction having been filed by the petitioner herein, the same was admitted and sentence imposed on the petitioner was suspended and he was released on 28.1.2003. The sentence remains suspended and the petitioner has now filed this petition praying for release of his pay and allowances for the period from 6.6.97 to 18.7.98 and from 16.12.98 to 28.1.2003. In that regard, the petitioner also submitted a representation before the respondents, which was considered by the respondents and the same was rejected. A communication thereof was sent to the petitioner by letter dated 8.6.2001 intimating the petitioner that he was not entitled to any pay and allowances and that he was holding a debit balance in his account.

(3.) In the present writ petition the respondents have taken a plea that the petitioner is not entitled to be any pay and allowances for the aforesaid period from 6.6.97 to 18.7.98 and from 16.12.98 to 28.1.2003 in view of the provisions of Section 91(a), (b) of the Army Act and Note 2 thereto as appears in the Manual of Indian Military Law read with Section 93 of the Army Act, 1950. According to the respondents the claim of the petitioner for payment of pay and allowances could be conveniently divided into following three parts:-