HANS RAJ Vs. D D A

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 19.4.2004 passed by learned Single Judge dismissing Writ Petition(C) 7522 of 2004 filed by the appellant.

(2.) The facts in brief are that the appellant joined services of the respondent as Grade D employee on 8.8.1978 and was promoted to the post of lower divisional clerk in December, 1984. The Station House Officer, PS Mangol Puri, by a letter dated 8.2.1986 informed the respondent that the appellant had been arrested in criminal case arising out FIR No. 282 dated 29.11.1985 under Sections 302,307,342,325,323 read with 34 Indian Penal Code along with five other persons. Subsequently by an vide order dated 14.4.1986, the respondent placed the appellant under suspension. The criminal case went to trial and by judgment dated 1.3.2000 of the Trial Court, the appellant was acquitted. Following this acquittal the appellant was reinstated by the respondent by an order dated 5.2.2001. The period of suspension from 28.11.1985 to 5.2.2001 was regularised by treating it as leave due and admissible. However, on 15.10.2001 the respondent issued a show cause notice to the appellant proposing to treat the period of suspension as period not spent on duty since the appellant had not been exonerated on merits by the criminal court. The appellant replied to this notice on 23.10.2001. After considering the reply of the appellant, the respondent on 27.6.2002 passed the following order:-

(3.) Aggrieved by the above order the appellant filed Writ Petition ( C) No. 5722/04 in this Court on 15.4.2004 By the impugned judgment dated 19.4.2004 , the learned Single Judge dismissed the writ petition after holding that the suspension of the appellant was, in the facts and circumstances of the case, not unjustified. The learned Single Judge followed the judgment of Hon'ble Supreme Court in Union of India v Jaipal Singh (2004) SCC 121 and held that the decision not to grant full back wages and restricting monetary benefits to the subsistence would not be held to be unreasonable .