HAUSILA PRASAD Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuing a writ of certiorari to quash the suspension order dated 17.2.2003 as contained in Annexure-4 and for a writ of mandamus directing the opposite parties to make the payment of the salary in the revised scale with all increments and dearness allowance with effect from 15.3.1996 to 31.5.2001, Increments, dearness allowance in revised scale from the date 14.3.1996 and 1.6.2001 to 30.9.2002, due revised salary, with increments, dearness allowances in revised scale with effect from 1.10.2000 to 30.11.2003 and further arrears of efficiency bar w.e.f. 1.12.2002 having crossed the efficiency bar.

(2.) Admittedly, the petitioner was firstly suspended on 15.3.1996 on account of his involvement in a criminal case. This order was quashed by the Central Administrative Tribunal in Original Application No. 528 of 1997 on 2.5.2001. Later on, the petitioner was convicted in Sessions Trial No. 785/96 vide judgment dated 19.10.2002. A Criminal Appeal No. 1461 of 2002 was filed by the petitioner. On 25.10.2002, the High Court has stayed the execution of the sentence along with the fine passed against the petitioner. Impugned order of suspension was passed on 17.2.2003 w.e.f. 19.10.2002 when the petitioner was detained in jail for a period exceeding 48 hours under the deeming provision in terms of Rule 10 (2) of the Central Civil Servants (Classification, Control and Appeal) Rules, 1965. This suspension order has been challenged in this writ petition. The petitioner has claimed the salary of that period during which his earlier suspension order remained quashed and he has also claimed the difference of revised pay scale, increments and the payment of the enhanced salary after crossing efficiency bar on the due date.

(3.) The learned counsel for the petitioner has raised three contentions ; firstly, that the authority who has passed the suspension order is not competent to pass the suspension order ; secondly, after the order of conviction and sentence being stayed by the High Court in criminal appeal and the detention period is over the impugned suspension order automatically stands revoked and ; thirdly, the suspension for a long period is illegal.