SAJJAN LAL Vs. COMMISSIONER OF M C D

JUDGEMENT

(1.) Issue Rule. Ms. Amita Gupta waives notice of rule. With consent of Counsel, the Petition was heard for final disposal.

(2.) The writ petitioner was working as a TGT at the relevant time in school managed and administered by the Municipal Corporation of Delhi. Whilst on duty. he was implicated for having committed offences under Section 304, read with Sections 32 and 34 of IPC; an FIR was lodged in the year 1985. The provocation for this was an inter se fight amongst neighbours with regard to rights of passage. That it led to infliction of fatal injuries to person.

(3.) The petitioner and two others (i.e. his brother and father) were arrayed as accused in the proceedings. This was duly intimated to the MCD which issued an order on 26.2.1986 placing the petitioner on deemed suspension. It is claimed that during the pendency of the criminal proceedings, order of suspension continued and the subsistence allowance was enhanced. The subsistence wages directed was 75% of salary and allowance.