JAGDAMBA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT is aggrieved by the impugned order of the Respondents dated 24.06.2013 treating the period of his suspension from 07.06.2011 to 06.02.2013 as dies -non and the subsequent order dated 06.11.2013 denying him full pay and allowances for the aforesaid period on the ground that he was acquitted by the Criminal Court giving him benefit of doubt.

(2.) THE brief facts of the case: Applicant while working as a Khallasi with the Respondents, an FIR No. 68/2011 was filed against him on 28.05.2011 under Section 376 and 506 of Indian Penal Code at PS Sonia Vihar, Delhi. The allegation against him was that he committed rape on Smt. Neelam who was his tenant. As a result, he was placed under suspension vide order dated 07.06.2011 and he continued to remain under suspension during the period of proceedings in the criminal case initiated against him before the Additional Sessions Judge, Karkardooma Courts (Special Fast Track Court) Karkardooma Courts, Delhi. However, in the said criminal case he was acquitted vide order dated 15.01.2013 on the ground that the prosecution could not prove that the accused committed the offence. Accordingly, he was acquitted giving him the benefit of doubt. The operative part of the said judgment reads as under: - -

(3.) AS far as the order dated 24.06.2013 treating period of service as dies -non is concerned, the learned counsel for the Applicant has submitted that during the period of suspension, the master servant relationship between the Respondents and the Applicant was not severed and its effect was only to the extent that he was permitted to perform his duties during whereas dies -non involves break in service.