KHEM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned standing counsel for the respondents.

(2.) THE petitioner was posted as a Head Constable at Police Station Loni in District Ghaziabad and was placed under suspension by the Superintendent of Police, by an order dated 20.5.1996, on the ground, that a criminal case was registered against the petitioner. Subsequently, by an order dated 22.6.1996, the petitioner was reinstated. Subsequently, for the same criminal case, the petitioner was again suspended on18th April, 1998 and was reinstated in service on 7.4.2000. The petitioner made a representation contending that for the suspension period he should be given his salary and other allowances. Since the same was not paid, the petitioner filed Writ Petition No.41892 of 2006, which was disposed of by a judgment dated 29.6.2009 directing the Senior Superintendent of Police to pass appropriate orders with regard to the release of his salary and other benefits for the period when the petitioner was under suspension. Pursuant to the said direction, the D.I.G., Moradabad has passed an order dated 25.11.2009 contending that in view of the Criminal Case No.221 of 1996, pending in the Criminal Court of Ghaziabad, no payment of salary during the period of suspension would be payable till the disposal of the criminal case. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) UNDER Clause 1(a) of the Rules 17, a police officer could be placed under suspension against whose conduct an inquiry is contemplated or is proceeding which would continue till the conclusion of the inquiry. Under Clause (b) of Rule 17 a police officer can be placed under suspension wherein an investigation, inquiry or trial relating to a criminal charge is pending. In the instant case clause (b) of Rule 17(1) was invoked. The petitioner was suspended on account of the investigation into a criminal case, but subsequently, the petitioner was reinstated in service. The question for consideration is, whether the petitioner is entitled for suspension allowance during the period when he was under suspension ?