D M SEKAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

(2.) IT is submitted by the petitioner that he was placed under suspension, on 27.2.87, on the ground that a criminal case was pending. However, he was reinstated in service on 30.7.87. Based on the filing of a charge sheet in a criminal case for the offence under Sections 279 and 304 (A) of the Indian Penal Code, the petitioner was again placed under suspension, on 5.4.88, and he was reinstated in service, on 25.7.89. Thereafter, the criminal Court had acquitted the petitioner, on 15.5.91. After the acquittal, the petitioner had made several representations to the authorities concerned to regularize the period of suspension treating the same as `On Duty' and to settle the monetary benefits. In spite of the request made by the petitioner, the period of suspension has not been regularized as `On Duty' period, even though the petitioner is entitled to the same under the Fundamental Rules. Further, the annual increments due to the petitioner had not been sanctioned. In such circumstances, the petitioner had filed an original application in O.A.No.7662 of 1995, which has been transferred to this Court and re-numbered as W.P.No.20074 of 2006.

(3.) THE learned counsel appearing for the petitioner had submitted that Ruling IX under Rule 54(B) of the fundamental rules of the Tamil Nadu Government reads as follows: