S.ABOOBACKER Vs. THE GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner challenges Ext.P7 order passed by the respondent Authority. The short question to be considered is as to whether the petitioner is entitled to the pay and allowances between 24.02.1982 and 17.07.2003, when he was continued on suspension; allegedly illegally and whether he would also be entitled to the due promotions during the said period as if he had been continued regularly in employment under the respondent Authority.

(2.) The facts indicate that the petitioner, who was working as an Assistant Grade I, was suspended on 24.02.1982 on allegation of having colluded with six others, one of whom was the Chairman of the respondent Authority, in perpetrating an offence leading to loss, occasioned to the respondent. The allegation was that the petitioner; with the active connivance of six others illegally diverted 1720 MT of cement, purchased by the respondent Authority from Tamil Nadu Cement Corporation and supplied through SIDCO. A criminal case was registered against the petitioner and six others as C.C No.153 of 1983.

(3.) The petitioner was the first accused in the case and the Chairman of the respondent Authority was the 6th accused; the latter of whom, died during the course of the criminal proceedings. The petitioner was kept under suspension during the time, when the criminal case was pending and no departmental enquiry was also initiated against him. After about 20 years from the date of the alleged incident, by Ext.P1 memo of charges dated 23.10.2002, a disciplinary enquiry was initiated. The petitioner filed his explanation and approached this Court with W.P.(C) No.18064 of 2003. The writ petition was disposed of on 30.06.2003 and the petitioner was directed to be reinstated. Liberty was reserved to the respondent Authority to proceed with the enquiry. The petitioner was reinstated on 17.07.2003 and retired on 30.08.2003. Neither the disciplinary proceedings nor the criminal trial concluded prior to his retirement.