ANOOP KUMAR SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THROUGH this writ petition, the petitioner challenges the order dated October 14, 1997, passed by the M. P. State Administrative Tribunal, Jabalpur, in O. A. No. 2442/95.

(2.) THE petitioner was Sub-Engineer in the Rural Engineering Services of the State Government. He was trapped for taking bribe while posted at Budhar (Shahdol ). Consequently, he was prosecuted for offences under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1988, and Section 161 of the Indian Penal Code. He was found guilty by the Special Judge, Shahdol, and sentenced to various terms of rigorous imprisonment and fine with default clause, vide judgment dated April 1, 1987. He was dismissed from service by the Development Commissioner, vide order dated May 8, 1987. However, on appeal, he was acquitted by this Court, vide judgment dated January 18, 1993.

(3.) THE petitioner filed Original Application (O. A. No. 3271/93) for setting aside the order of dismissal and direction for taking him back in service with full back wages and allowances including regularisation of suspension period, treating him in service uninterruptedly. The Tribunal, by order dated May 10, 1995, directed the respondents to consider the case of the petitioner and pass order regarding his posting within a period of 45 days. No specific order with regard to payment of salary for the period of suspension or for the period he remained out of service on account of dismissal was passed. The petitioner was taken back in service by order dated August 3, 1994. But with regard to period of suspension and period for which he remained out of service, orders were to be passed later. When the orders were not passed, another Original Application (O. A. No. 2442/95), was filed for directions to the respondents for payment of arrears of salary from May, 1983 to August, 1994, along with interest.