SATISH KUMAR MALHOTRA Vs. PUNJAB & SIND BANK

JUDGEMENT

(1.) THE question which I am supposed to answer in the instant petition is, whether the office memorandum dated 26.11.1991 informing petitioner that he would not be paid regular pay nor would he be granted any increments for the period he remained suspended from 12.11.1988 till 14.10.1991 is legal and valid? For record I may note the stand of learned counsel for the respondent, who states that save and except not granting any increment in the scale in which petitioner was placed during afore -noted period, for all other purposes like continuity in service etc. the said period is being taken into account for the service career of the petitioner.

(2.) EMPLOYED as a Stenographer under Punjab & Sind Bank, the petitioner and his brothers came to be treated as suspects by the local police in the murder of one Shiv Kumar. Shiv Kumar was admittedly found grievously injured; injury being a result of stab wounds in the intervening night of 11th & 12th November, 1988. He died. An FIR No. 323/1988, under Section 302/ 34 IPC P.S. Moti Nagar was registered. Petitioner was arrested as an accused in the said FIR. He was sent for trial along with his co -accused i.e. his brother. The effect of registration of aforesaid FIR and petitioner's detention firstly by the police and then in the judicial custody was his suspension with effect from 12.11.1988.

(3.) CHALLENGE by the State to the order of acquittal failed when this Court refused to grant leave to appeal to the State in Criminal Misc. No. 281/1991. Thus, the acquittal of the petitioner attained finality for the reason the State did not further prosecute the matter.