MUNNALAL MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was working as a Khalasi in the Central Railway. He was arrested in a criminal case under Sections 302, 147, 148 and 149 of the IPC in the year 1991, as a consequence of which, he was kept under suspension by order dated 19-2-1991. After trial, the Additional Sessions Judge, Maihar, District Satna, convicted him on 9-10-1993 and he was sentenced to undergo life imprisonment. As a consequence of such conviction and sentence, the petitioner was dismissed from service on 9-3-1995. Such dismissal was not in pursuance of any disciplinary proceedings by holding an inquiry but on the basis of the special procedure which enabled the employer to dismiss an employee on the ground of conduct which led to his conviction on a criminal charge.

(2.) THE petitioner was being paid subsistence allowance from the date of suspension to the date of his dismissal from service (19-2-1991 to 8-3-1995 ). The subsistence allowance was stopped with effect from the date of dismissal. The petitioner challenged his conviction in Criminal Appeal No. 1004/1993. This Court by judgment dated 31-8-1999 acquitted him by giving benefit of doubt. Thereafter, the petitioner gave a representation dated 4-10-1999 for reinstatement in view of his acquittal, the said request was rejected on 3-8-2000. Feeling aggrieved, the petitioner approached the Central Administrative Tribunal, Jabalpur Bench, in O. A No. 1139/2000. During the pendency of the said application, the respondents reconsidered the matter and reinstated the petitioner into service by order dated 4-10-2001. In view of it, O. A. No. 1139/2000 was closed as having become infructuous by order dated 18th March, 2002.

(3.) THEREAFTER, the petitioner made a representations dated 24-5-2002 and 10-6-2002 for treating the period between 9-3-1995 and 4-10-2001 as period in service and for payment of part pay and allowances under F. R. 54 (7 ). The said request was rejected by communication dated 19-6-2002 wherein the period from 19-2-1991 to 8-3-1995 was treated as period during which he was entitled to subsistence allowance, and the period from 9-3-1995 to 4-10-2001 was treated as dies-non. The said order treating the period 9-3-1995 to 4-10-2001 as 'dies-non' was challenged by the petitioner in O. A. No. 606/2002. The Tribunal dismissed the petition by order dated 1-10-2002 holding that as the petitioner did not do any work during that period and had absented for reasons of his own involvement in an incident for which the employer was not responsible, the employer can not be saddled with the liability to pay him his salary and allowances for such period. The Tribunal followed the decision of the Supreme Court in Management of Reserve Bank of India v. Bhopal Singh Panchal, AIR 1994 SC 552. The said order of the Tribunal is challenged in this petition.