UNION OF INDIA Vs. R P RAMESH MURUGAN

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative tribunal, Madras Bench in O. A. No. 591 of 2004, quashing the order dated 19. 04. 2004 and directing the respondent's management to treat the period of suspension during which the applicant was under suspension, as spent on duty, leaving the matter regarding the pay and allowances to the discretion of the Management, this writ petition has been preferred by the Management/petitioners herein.

(2.) FACTUAL matrix of the mater is as under: the first respondent herein is working as labourer (unskilled) in the second petitioner factory. During 1997, since he involved in a criminal Case, on 03. 03. 1997, he was placed under Suspension, further ordering that he is deemed to have been suspended with effect from the date of detention i. e. from 17. 2. 1997 on the ground that he was detained in police custody for more than 48 hours in respect of criminal cases. After suspension, as the 1st respondent/workman was involved in four more criminal cases, his suspension was continued by virtue of the order of the management dated 20. 09. 1999 until further orders, till termination of all criminal cases or any departmental proceedings that may be initiated.

(3.) AS the first respondent was acquitted in all the criminal Cases, the suspension was revoked by memos of an order dated 05. 03. 2002 with the immediate effect and the workman was directed to report for duty immediately. On 30. 09. 2002, the writ petitioners/management issued a show cause notice stating that since the first respondent/workman was acquitted in all Criminal Cases on benefit of doubt alone, which cannot be regarded as honourable acquittal, the Deemed Suspension was wholly justified and the period of suspension from 17. 02. 1997 to 05. 03. 2002 cannot be treated as period 'spent on duty'. Therefore, the workman was required to make representation on that proposal within 15 days from the date of receipt of the said proceedings.