GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition dtd. 16/11/2021 to the order dtd. 13/4/2015 of the Central Administrative Tribunal, Bombay Bench, Mumbai, Camp at Nagpur, dismissing Original Application No.2121 of 2011, is at the instance of the now septuagenarian original applicant (hereafter 'the petitioner ', for short).

(2.) At the material time, the petitioner was posted as a Labourer (unskilled) at the Ordnance Factory, Ambazari. He, along with others, was accused of commission of offences punishable under Sec. 147, 148, 149 and 302 of the Indian Penal Code. Upon registration of an FIR, the petitioner was detained in custody for a period exceeding 48 hours. This resulted in deemed suspension of the petitioner from 2/3/1999. The petitioner was enlarged on bail on 26 th May 1999. However, the order of suspension was not revoked and the same continued to remain in operation till 11/2/2009, when such order came to be finally revoked upon an order of acquittal dtd. 18/9/2008 being recorded by the Court of Additional Sessions Judge in Sessions Trial No.319 of 2001. The petitioner was reinstated and ultimately retired on superannuation with effect from 30 th November 2010.

(3.) While revoking the order of suspension, by an order dated 11 th February 2009, the General Manager, Ordnance Factory, Ambazari, issued a further order dtd. 17/2/2009 observing that the period of deemed suspension from 2/3/1999 to 25 th May 1999 and continued suspension from 28/5/1999 to 11 th February 2009 cannot be treated as period spent on duty. However, an option was given to the petitioner in the following terms: