SIRAJ KHAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard Sri S.M. Nazar Bokhari, learned counsel for the petitioner and Ms. Suman Sirohi, learned Standing Counsel for the respondents.

(2.) By means of the present writ petition, the petitioner is challenging the order of the Superintendent of Police, Ballia dated 31.5.2008 by which he has declined the payment of salary for the period 20.1.1979 to 22.10.1989 and 23.10.1989 to 30.6.2007 during which he was under suspension/termination and had not worked, on the principle of no work no pay.

(3.) The brief facts of the case are that the petitioner was posted as a Constable in the year 1978. On 27.10.1978, when he went his father-in-law, Abdul Hafiz's house, an incident of murder of two sons of Abdul Hafiz Khan took place. An FIR was lodged, which has been registered as case crime no. 84 of 1978, under Sections 302, 307 read with Section 34 IPC, State Vs. Abdul Hafiz and others, at Police Station Koraon, District Allahabad, on 27.10.1978 against the petitioner, his wife, his mother-in-law and his father-in-law. The petitioner was arrested. The petitioner was placed under suspension on 20.1.1979 by the Superintendent of Police, Ballia. In Sessions Trial No. 257 of 1980, the petitioner was convicted by the VII Additional Sessions Judge, Allahabad under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC and was sent to imprisonment for life under Section 302 read with Section 34 IPC and rigorous imprisonment for a period of three years under Section 307 read with Section 34 IPC.