PRAKASH KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this petition is to an order passed by the Central passed by the Central Administrative Tribunal, Bench Jabalpur on 26.05.2009; whereby, Original Application preferred by petitioner against the order dated 03.07.2006 passed by respondents was dismissed. By Order dated 03.07.2006, the period from 30.07.1999 to 11.08.2000 during which the petitioner was under suspension because of the prosecution of the petitioner for a charge under Section 302 in alternate under Section 306 and 498 of the Indian Pendal Code, has been treated as non duty and the period though not treated as break in service has not been counted for the purpose of pension.

(2.) Petitioner was employed under the respondent No. 3, Gun Carriage Factory, Jabalpur as Lower Division Clerk. For an offence initially registered under Section 498-A and 304-B of IPC the petitioner later on was tried for an offence under Section 302 in alternate under Section 305 and 498 IPC. Because of the arrest and the launching of prosecution, the petitioner was placed under suspension by order dated 28.08.1999. The petitioner was exonerated of the Criminal charges and the order of acquittal wad recorded on 04.07.2000 by the Seventh Additional Sessions Judge, Jabalpur. The acquittal led to revocation of suspension. The petitioner in pursuance, resumed his duties on 12.08.2000.

(3.) The petitioner after his reinstatement was subjected to a show cause notice regarding the period of suspension. After considering the representation respondents passed, an order on 03.07.2006 whereby the period from 30.07.1999 to 11.08.2000 was directed to be treated as non-duty without additional pay and allowance, except the subsistence allowance already paid and the period will not count for pension and other benefits but will not constitute as break in service.