SHANTA BAI Vs. HIGH COURT OF M P

JUDGEMENT

(1.) THE deceased, Shivram Singh Thakur, filed the instant writ petition for claiming his full pay and allowances for the period of suspension. He was paid 75% of the subsistence Allowance admissible as per rules.

(2.) THE deceased, Shivram Singh Thakur, was Upper Division Clerk in the High Court of Madhya Pradesh. He was initially appointed in the erstwhile Nagpur. High Court as Lower Division Clerk. As a consequence of re -organisation of State with effect from 1 -11 -1956 he was allocated to High Court of Madhya Pradesh. He was promoted as Upper Division Clerk in the year 1959 in the High Court of Madhya Pradesh. A Criminal Appeal was pending before Supreme Court. Paper Book was under preparation in the Supreme Court section of this Court. Petitioner was posted in this section. On the charge of interpolating the deposition, he was suspended along with two others, namely; Sarvashri S. Z. Razaqque and S. P. Tiwari. The suspension was ordered on 3 -9 -1969. The Criminal prosecution was launched, police investigation was done in the case and preliminary enquiry was also conducted by the High Court. In the preliminary enquiry the petitioner along with two others were prima facie found guilty and on criminal investigation the main charge of interpolation was levelled against the petitioner as is apparent from the committal proceedings, and the police investigation documents placed on record by the High Court of Madhya Pradesh. The Criminal Case which was filed was ultimately quashed on the ground of want of sanction which was necessary to prosecute the accused persons. After criminal prosecution was quashed, the suspension was revoked on 12 -3 -1979 as per order, P4. The petitioner retired on 31 -10 -1979 on attaining the age of superannuation. After obtaining the sanction the prosecution was re -started, criminal revision was preferred. Criminal Revision No. 53/1981 was decided as per order, P8, on 12 -3 -1981. The revision was allowed and the proceedings were quashed by this Court.

(3.) THE original petitioner, Shri S. S. Thakur, has died during the pendency of the writ petition. His legal representatives are continuing this writ petition. The petitioner submits that the cage of the petitioner was not distinguishable from that of Shri S.P. Tiwari and Shri Razaqque who were granted the full pay and allowances. Thus, the petitioner was wrongfully deprived of full pay and allowances for the period of suspension from 1969 to 1979. The petitioner submits that he was not responsible for the interpolation made in the deposition. He was not found guilty either on criminal prosecution or in the Departmental Enquiry. The criminal prosecution was quashed and Departmental Enquiry was dropped. Thus, his suspension was unjustified and there was no material on record to come to the conclusion that the petitioner's suspension was justified. Thus, the petitioner should have been granted full pay and allowances. The petitioner was discriminated with in the matter of payment of full pay.