SULEMAN D KHRISTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present petition invoking Articles 14, 16, 19, 226 and 227 of the Constitution, the petitioner has sought to challenge the order dated 23.1.2006 of the Deputy Secretary of the Government, by which the application of the petitioner for regularization of the period of suspension was rejected on the short ground that the period from 12.8.1992 to 4.9.1992 and 8.6.1998 to 30.4.2004 of deemed suspension could not be treated as the period spent on duty.

(2.) The relevant facts in brief are that, while the petitioner was serving as temporary work assistant, he was arrested on 12.8.1992 pursuant to a complaint filed on 15.2.1992 regarding murder and other offences. The petitioner was released on bail on 4.9.1992. Thereafter, by order dated 8.6.1998, he was held guilty and sentenced to imprisonment for life. On the basis of that conviction, the petitioner was dismissed from service by order dated 22.6.1998 with effect from 8.6.1998. The appeal preferred by the petitioner was dismissed by the High Court. However, the conviction and sentence of the petitioner was set aside by the Apex Court and the petitioner came to be reinstated. The petitioner made a representation to receive the service benefits accrued during the period of suspension from 8.6.1998 to 30.4.1994 and it came to be rejected by the impugned order.

(3.) The learned counsel relied upon the provisions of Rule 152 of the Bombay Civil Services Rules, 1959 which are in pan materia with Rule 70 of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation out of India, Payment during Suspension, Dismissal and Removal) Rules, 2002. The relevant parts of Rule 70 read asunder:-