RAMESH CHANDRA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) EVEN though petition is listed today for orders on LA. No. 7596/2004, an application for urgent hearing, but in view of the short controversy involved in the matter, petition is being heard and finally disposed of at this stage with the consent of the both the parties.

(2.) PETITIONER feels aggrieved by order Annexure A-1 dated 22.11.1997 by which the period from 11.8.1997 to 22.11.1997 has been treated as period on paid leave thereby depriving the petitioner the benefit of grant of leave encashment after retiring for this period. Petitioner at the relevant time was working as sub-inspector of Police and due to death of an accused in custody by committing suicide petitioner was proceeded against and on the basis of negligence he was fined with Rs. 100. During the course of enquiry he was suspended from 11.8.1997 to 22.11.1997. Thereafter he was reinstated in service and has retired on attaining the age of superannuation. It is the case of the petitioner that once the order of suspension was revoked and fine was imposed, thereafter further order for treating the period of suspension as leave due and admissible and depriving the petitioner benefit of encashment of leave for the aforesaid period of suspension is not sustainable. It is the case of the petitioner that for period of suspension he was only paid subsistence allowance and now treating period further as paid is not permissible nor is it in accordance with law.

(3.) ACCORDINGLY , petition is allowed in part and the order impugned Annexure A-1 dated. 22.11.1997 treating the period from 11.8.1997 to 22.11.1997 as leave due is quashed and it is directed that encashment of leave as per rule be granted to the petitioner for the aforesaid period. Petition stands and disposed of with the aforesaid.