BACHALA OBULA REDDY Vs. CHAIRMAN AND MANAGING

JUDGEMENT

(1.) The petitioner is aggrieved by the action of 1st respondent in issuing the memo GM (Per)/AS(per)/PO(DC-I)/264-C3/2001- 13, dtd. 21/3/2007 and consequently seeks a direction to treat his period of suspension from 29/7/1999 to 22/6/2005 as on duty and to be paid the service benefits due payable for the said period.

(2.) The petitioner joined the service of the respondent on 22/3/1974 and he attained the age of superannuation on 30/6/2006 and retired as Junior Accounts Officer. The petitioner was placed under suspension on 24/7/1999 as Cr.No.97 of 1999 was registered against the petitioner and seven others. The petitioner was tried for the offences alleged to have been committed by the petitioner and others by the V Additional Sessions Judge (FTC), Anantapur in SC.No.506 of 2004. The petitioner was acquitted along with others on 17/3/2005. The petitioner was reinstated into service on 22/6/2005.

(3.) The petitioner submitted a representation on 21/12/2006 to treat the period during which he was under suspension as on duty and to release the full pension. The 1st respondent issued proceedings dtd. 21/3/2007 treating the suspension period as extraordinary leave. The learned counsel for petitioner submits that the period of suspension of 5 years 177 days was to be considered as extraordinary leave.