I SANKARASUBBU Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) THIS Writ Petition has been preferred by the petitioner against the order contained in Proceedings A. No. 743/99, dated 7. 10. 1999, D. No. 12256/99, dated 28. 10. 1999 and the Proceedings A. No. 79/2003, dated 10. 2. 2003, D. No. 1578/2003, dated 2/2003, issued by the second respondent-Principal District Judge, Tirunelveli District, Tirunelveli. By the impugned orders dated 7. 10. 1999 and 28. 10. 1999, the petitioner's period of absence from duty and his suspension period, was ordered to be treated as under:

(2.) THE main grievance of the petitioner is that he having acquitted in the criminal case, was entitled for full payment of back-wages minus the subsistence allowance received for the period of suspension. The other grievance of the petitioner is that the aforesaid impugned order also amounts to stoppage of increment for the intervening period, though no departmental proceeding was initiated and the petitioner was acquitted in the criminal proceedings.

(3.) THE brief facts of the case are that the petitioner, who was Junior Bailiff and posted at District Munsif-cum-Judicial Magistrate's Court at Valliyur, against him, a complaint was lodged by one Mr. Suyambu of Valliyur before the Sub-Inspector of Police, Valliyur, in Crime No. 127 of 1997, alleging that the petitioner had abused him with filthy words. The said case was registered under Sections 341, 294 (b) and 506 (ii) IPC. The case was subsequently tried by the learned Judicial Magistrate No. 4, Tirunelveli and on transfer, it was numbered as C. C. No. 216 of 1998.