U SANTHA RAO Vs. COMMISSIONER OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The petitioner seeks for a Writ of mandamus declaring the proceedings dated 21-5-2008 issued by the 1st respondent on the basis of G.O.Ms. No. 3, dated 04-01-2006, as illegal, to hold that G.O.Ms. No. 3, dated 04-01-2006 does not apply to the petitioner and for consequential relief of grant of full pay and other attendant benefits during the suspended period. The petitioner was appointed by the 3rd respondent as a Lecturer in Physical Education into aided vacancy. The petitioner was appointed on 03-11-1980 after due selection process. On 28-12-2004, a complaint was lodged against the petitioner under Sections 376, 420, 354 and 506 IPC, which was registered as Crime No. 123 of 2004. It was subsequently converted as Sessions Case No. 99 of 2005 on the file of the Principal Assistant Sessions Judge, Rajahmundry. On account of the complaint dated 28-12-2004, the petitioner was arrested on 29-12-2004. As a consequence thereof, the petitioner was placed under suspension with effect from the date of arrest through proceedings dated 07-01-2005. After full-fledged trial, the petitioner was acquitted on 31-8-2005. No appeal was preferred from the judgment of acquittal. The judgment of the learned Principal Assistant Sessions Judge, Rajahmundry, became final.

(2.) The petitioner consequently requested the 2nd respondent for his reinstatement into service. The 2nd respondent issued proceedings dated 30-9-2005 directing the 3rd respondent to reinstate the petitioner into service. The 3rd respondent accordingly reinstated the petitioner into service on 03-10-2005. Proceedings were issued on 06-9-2007 by the 2nd respondent regularizing the period of suspension, treating the period of absence partly as Earned Leave and partly as Half Pay Leave. The petitioner submitted a representation on 16-11-2007 to the 1st respondent claiming that he is entitled to full pay and allowances under F.R. 54-B(2) of the Andhra Pradesh Fundamental Rules (the Fundamental Rules, for short) on the ground that he was acquitted by the Criminal Court. The representation of the petitioner was rejected by the 1st respondent-Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad through proceedings dated 21-5-2008 on the basis of G.O.Ms. No. 3, Finance (FR. II) Department, dated 04-01-2006. Questioning the same, the present writ petition is laid.

(3.) Sri N. Ashwani Kumar, learned counsel for the petitioner, submitted that F.R. 54-B(1)(a) of the Fundamental Rules envisages that the authority competent to order reinstatement shall consider and make specific order regarding the pay and allowances to be paid to the employee for the period of suspension ending with the reinstatement.